zoning regulations

Transcription

zoning regulations

Table of Contents
Valley Center Zoning Ordinance
TABLE OF CONTENTS TO THE ZONING REGULATIONS
Chapter 17.01 Title, Purpose, Authority and Jurisdiction Authority .................................. 1
17.01.01 Title .......................................................................................................................... 1
17.01.02 Purpose .................................................................................................................... 1
17.01.03 Authority ................................................................................................................... 2
17.01.04 Zoning Jurisdiction.................................................................................................... 2
17.01.05 - 17.01.99 Reserved
Chapter 17.02 Interpretation, Construction and Definitions ............................................... 3
Rules of Interpretation
17.02.01 Minimum Requirements ............................................................................................ 3
17.02.02 Overlapping or Contradictory Regulations ................................................................ 3
17.02.03 Private Agreements .................................................................................................. 3
17.02.04 Unlawful Uses .......................................................................................................... 3
17.02.05 Not a Licensing Regulation ....................................................................................... 3
17.02.06 Effect on Existing Permits......................................................................................... 3
17.02.07 Vesting on Development Rights ............................................................................... 4
17.02.08 Rules of Construction ............................................................................................... 4
17.02.09 Definitions ................................................................................................................ 5
17.02.10 - 17.02.99 Reserved
Chapter 17.03 General Provisions ..................................................................................... 24
Activities Governed by These Regulations
17.03.01 Exemptions............................................................................................................. 24
17.03.02 New Structures ....................................................................................................... 24
17.03.03 New Uses of Old Structures ................................................................................... 24
17.03.04 Structural Alterations .............................................................................................. 24
17.03.05 Uses of Open Land ................................................................................................ 24
Districts, Zoning Maps and Boundaries
17.03.06 Establishment of Districts ....................................................................................... 25
17.03.07 Zoning Boundaries ................................................................................................. 25
17.03.08 Zoning Maps........................................................................................................... 25
17.03.09 Zoning Rights-of-Way............................................................................................. 25
General Requirements in Zoning Districts
17.03.10 Accessory Structures or Uses ................................................................................ 26
17.03.11 Bulk Regulations .................................................................................................... 26
17.03.12 Conditional Uses .................................................................................................... 26
17.03.13 Farmer’s Markets, Art and Crafts Markets or Combination Thereof ........................ 26
17.03.14 Home Occupations ................................................................................................. 27
17.03.15 Lot Sizes ................................................................................................................ 27
17.03.16 Off-Street Parking and Loading .............................................................................. 27
17.03.17 Permitted Uses ....................................................................................................... 27
17.03.18 Signs ...................................................................................................................... 28
17.03.19 Special Uses .......................................................................................................... 28
17.03.20 Temporary Structures and Uses ............................................................................. 28
17.03.21 Use Limitations ....................................................................................................... 28
Effective January 10, 2013
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Table of Contents
Supplemental Requirements
17.03.22 Average Setback in Existing Residential Districts ................................................... 29
17.03.23 Access to Business and Industrial Districts............................................................. 29
17.03.24 Annexed Land ........................................................................................................ 29
17.03.25 Dedication of Right-of-Way and Easements ........................................................... 29
17.03.26 Floodplain Requirements ........................................................................................ 29
17.03.27 Lot Size Requirements and Bulk Regulations for Utility Facilities ........................... 30
17.03.28 Moving Structures................................................................................................... 30
17.03.29 Number of Structures and Uses on a Zoning Lot .................................................... 30
17.03.30 Permitted Obstructions in Required Yards (including fences) ................................. 30
17.03.31 Placement of Portable Storage Containers ............................................................. 32
17.03.32 Platted Building Setback Lines ............................................................................... 32
17.03.33 Restrictions on Allocation and Disposition of Required Yards or Open Space ........ 32
17.03.34 Sewer and Water Facilities ..................................................................................... 33
17.03.35 Status of Moving Manufactured or Mobile Homes .................................................. 33
17.03.36 Screening and Landscaping ................................................................................... 33
17.03.37 Vision Triangle........................................................................................................ 36
17.03.38 Wind Energy Conversion Systems ......................................................................... 36
17.03.39 Yard Requirements for Open Land ......................................................................... 40
17.03.40- 17.03.99 Reserved
Chapter 17.04 Zoning Districts ........................................................................................... 41
17.04.01 Permitted Uses in All Districts ................................................................................. 41
17.04.02 A-1 Agricultural District ........................................................................................... 41
17.04.03 RR-1 Suburban Residential District ....................................................................... 45
17.04.04 R-1A Single-Family Residential District ................................................................. 47
17.04.05 R-1B Single-Family Residential District ................................................................. 49
17.04.06 R-2 Two Family District ....................................................................................... 51
17.04.07 R-3 Multi-Family District ...................................................................................... 53
17.04.08 MH-1 Manufactured Home Park District ................................................................ 55
17.04.09 C-1 Central Business District .............................................................................. 57
17.04.10 C-2 General Business District ............................................................................. 59
17.04.11 I
Industrial District .......................................................................................... 61
17.04.12 PUD Planned Unit Development District ............................................................... 64
17.04.13 P-O Protective Overlay District ............................................................................ 74
17.04.14 D-O Downtown Neighborhood Overlay District .................................................... 75
17.04.15 - 17.04.99 Reserved
TABLE OF ZONING AREA AND SETBACK SUMMARY .......................................................... 77
Chapter 17.05 Off-Street Parking and Loading .................................................................. 79
17.05.01 Off-Street Parking .................................................................................................. 79
17.05.02 Required Parking Spaces ....................................................................................... 81
17.05.03 Conditional Use for Parking .................................................................................... 82
17.05.04 Off-Street Loading and Unloading .......................................................................... 83
17.05.05- 17.05.99 Reserved
Chapter 17.06 Accessory Uses, Temporary Uses and Home Occupations ..................... 85
17.06.01 Accessory Uses Authorization ................................................................................ 85
17.06.02 Temporary Uses Permitted ..................................................................................... 88
17.06.03 Home Occupations Authorization ........................................................................... 90
17.06.04 - 17.06.99 Reserved
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Table of Contents
Chapter 17.07 Signs ............................................................................................................ 93
17.07.01 Sign Permits ........................................................................................................... 93
17.07.02 Classification of Signs ............................................................................................ 93
17.07.03 General Standards ................................................................................................. 95
17.07.04 Exemptions............................................................................................................. 98
17.07.05 Prohibited Signs ..................................................................................................... 99
17.07.06 District Regulations............................................................................................... 100
17.07.07 Sign Maintenance ................................................................................................. 102
17.07.08 Removal of Abandon, Illegal, Nonconforming or Obsolete Signs.......................... 102
17.07.09 - 17.07.99 Reserved
Chapter 17.08 Nonconforming Lots, Structures and Uses ............................................. 105
17.08.01 Purpose ................................................................................................................ 105
17.08.02 Nonconforming Lots of Record ............................................................................. 105
17.08.03 Nonconforming Structures .................................................................................... 106
17.08.04 Nonconforming Uses ............................................................................................ 107
17.08.05 Nonconforming Residential Structures ................................................................. 109
17.08.06 Nonconforming Nonresidential Structures and Uses ............................................ 109
17.08.07 Status of Existing Conditional and Special Uses and Exceptions ......................... 109
17.08.08 Registration of Nonconformities and Exemptions ................................................. 110
17.08.09 - 17.08.99 Reserved
Chapter 17.09 Administration and Enforcement ............................................................. 111
17.09.01 Office of Zoning Administrator .............................................................................. 111
17.09.02 Zoning Permits and Occupancy Certificates ......................................................... 112
17.09.03 Enforcement and Liability ..................................................................................... 114
17.09.04 Violations .............................................................................................................. 115
17.09.05 Fees ..................................................................................................................... 116
17.09.06 Reports................................................................................................................. 116
17.09.07 - 17.09.99 Reserved
Chapter 17.10 Board of Zoning Appeals .......................................................................... 117
17.10.01 Authorization ........................................................................................................ 117
17.10.02 General Procedures ............................................................................................. 117
17.10.03 Jurisdiction ........................................................................................................... 117
17.10.04 Notice of Hearing .................................................................................................. 117
17.10.05 Conduct of Hearing .............................................................................................. 118
17.10.06 Finality and Judicial Review of Decisions.............................................................. 118
17.10.07 Appeals ................................................................................................................ 119
17.10.08 Variances ............................................................................................................. 120
17.10.09 Conditional Uses .................................................................................................. 122
17.10.10 - 17.10.99 Reserved
Chapter 17.11 Amendments .............................................................................................. 124
17.11.01 General Provisions for Amendments and Special Uses ........................................ 124
17.11.02 Special Uses ........................................................................................................ 128
17.11.03 Project Review ..................................................................................................... 129
17.11.04 Filing of Protest .................................................................................................... 129
17.11.05 Adoption of Amendments or Special Uses by the Governing Body....................... 130
17.11.06 Annual Review...................................................................................................... 130
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Table of Contents
17.11.07 Judicial Review ..................................................................................................... 131
17.11.08 - 17.11.99 Reserved
Chapter 17.12 Site Plan Review ........................................................................................ 132
17.12.01 Site Plan Approval Purpose .................................................................................. 132
17.12.02 Applicability .......................................................................................................... 132
17.12.03 Appointment of Site Plan Committee .................................................................... 132
17.12.04 Site Plan Review Process ..................................................................................... 132
17.12.05 Site Plan Requirements ........................................................................................ 134
17.12.06 Additional Site Plan Requirements ....................................................................... 135
17.12.07 - 17.12.99 Reserved
Chapter 17.13 Severability and Effective Date................................................................. 136
17.13.01 Severability ........................................................................................................... 136
17.13.02 Effective Date ....................................................................................................... 136
Appendix
Table of Comparability for Zoning Districts ............................................................................. 137
Wireless Communications Facilities ........................................................................................ 138
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Title, Purpose, Authority and Jurisdiction
TITLE 17
ZONING REGULATIONS
CHAPTER 17.01: TITLE, PURPOSE, AUTHORITY AND JURISDICTION
17.01.01 Title. These regulations, including the zoning district maps made a part hereof,
shall be known and may be cited as the “Zoning Regulations of the City of Valley Center,
Kansas,” and shall hereinafter be referred to as “these regulations.”
17.01.02 Purpose. These regulations are intended to serve the following purposes:
A. To promote the public health, safety, morals, comfort and general welfare and to control
the aesthetics of redevelopment and new development;
B. To establish a variety of zoning district classifications according to the use of land and
buildings with varying intensities of uses and standards whose interrelationships of
boundary zones form a compatible pattern of land uses and buffer areas which enhance
the value of each zone;
C. To regulate and restrict the location, use and appearance of buildings, structures and
land within each district and to zone for residential, commercial, industrial and other
purposes including flood plains;
D. To regulate and restrict the height, number of stories and size of buildings and
structures including their distance from any lot line or street right-of-way; the percentage
of each lot that may be occupied by buildings and other structures; and size of yards,
courts and other open spaces;
E. To protect property and historical values and conserve energy and natural resources;
F. To provide for adequate light and air and acceptable noise levels;
G. To avoid the undue concentration of population and vehicular traffic and to prevent
overcrowding the use of land and public facilities;
H. To facilitate the adequate provision of transportation, water supply, sewage disposal,
schools, parks and other public improvements;
I.
To provide adequate public notice on proposed changes in these regulations and zoning
maps and an opportunity to be heard on such zoning matters;
J. To establish and provide procedures for the Board of Zoning Appeals to consider
appeals, variances and conditional uses as exceptions; and
K. To implement the goals, policies and proposals of the comprehensive plan for the
zoning jurisdiction.
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Title, Purpose, Authority and Jurisdiction
17.01.03 Authority. These regulations are adopted under authority established by K.S.A.,
12-741 et seq., as amended, 12-736, 12-742, 12-753 to 12-761 inclusive, 12-763, 12-764, 12766, 12-3009 to 12-3012 inclusive, 12-3301 and 12-3302.
17.01.04 Zoning Jurisdiction. These regulations shall apply to all buildings, structures and
land within the corporate limits of the City of Valley Center, Kansas, as presently exist or are
hereafter established by annexation.
17.01.05-17.01.99 Reserved
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Interpretation, Construction & Definitions
CHAPTER 17.02: INTERPRETATION, CONSTRUCTION & DEFINITIONS
17.02.01 Minimum Requirements. In their interpretation and application, the provisions of
these regulations shall be held to be the minimum requirements for the promotion of the public
health, safety, morals, comfort and general welfare.
17.02.02 Overlapping or Contradictory Regulations. Where the conditions imposed by
the provisions of these regulations upon the use of land or structures are either more restrictive
or less restrictive than comparable conditions imposed by any other provision of any other
applicable law, ordinance, resolution, rule or regulation of any kind, the regulations which are
more restrictive and impose higher standards or requirements shall govern.
17.02.03 Private Agreements. The provisions of these regulations are not intended to
abrogate any lawful and valid easement, deed restriction, covenant or other private agreement
of legal relationship; provided, that where the requirements of these regulations are more
restrictive or impose higher standards or regulations than such private agreements, the
requirements of these regulations shall govern. The City does not have a responsibility to
enforce such private agreements.
17.02.04 Unlawful Uses. No use of land or structure which was not lawfully existing at the
time of the adoption of these regulations shall become or be made lawful solely by reason of
the adoption of these regulations; and to the extent that, and in any respect that, said unlawful
use or structure is in conflict with the requirements of these regulations, said use or structure
remains unlawful hereunder.
17.02.05 Not a Licensing Regulation. Nothing contained in these regulations shall be
deemed to be a consent, license or permit to use any property or to locate, construct or
maintain any structure or facility or to carry on any trade, industry, occupation or activity.
17.02.06 Effect on Existing Permits.
A. For all purposes except single-family residential developments platted and recorded
after January 1, 1992, nothing in these regulations shall be deemed to require any
change in plans, construction or designated use of any land or structure in the event
that: (See Section 17.02.07 for Vesting of Development Rights.)
1. A zoning permit for such use of land or structure was lawfully issued prior to the
effective date of these regulations or the effective date of any amendment thereof;
2. Such permit had not by its own terms expired prior to such effective date;
3. Such permit was issued on the basis of an application showing complete plans for
proposed construction and/or use;
4. There has been a substantial change of position, substantial expenditure, substantial
work performed or incurrence of substantial obligations by the permit holder in
reliance on such permit other than purchase of land or preparation of design plans;
5. Such issuance of a permit and change of position, expenditures, work or incurrence
of obligations were made prior to the effective date of an amendment of these
regulations which amendments would have made illegal the issuance of such permit;
6. Construction pursuant to such permit is completed prior to the expiration of such
permit;
7. When the use of land or a structure is completed under a permit to which this
Section 17.02.06 applies, an occupancy certificate shall be issued in accordance
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with the zoning regulations in effect at the time the zoning permit was issued.
B. For all purposes other than residential developments, if substantial amounts of work
have not been completed within 5 years of the issuance of such a permit, the
development rights shall expire and current regulations shall apply if work is to continue
under a new permit. This applies to all uses of land within a land use classification.
17.02.07 Vesting of Development Rights. For the purpose of single-family residential
developments according to K.S.A. 12-764, as amended, development rights in such land use
shall vest upon recording of a final plat before July 1, 2009. If construction of a principle
structure is not commenced on such land within five years of recording a final plat, the
development rights in such land shall expire and, thus, all revisions to zoning or subdivision
regulations becoming effective during the period vested shall thereafter apply to such platted
land. For such plats recorded on or after July 1, 2009, such construction must take place within
10 years to be vested.
17.02.08 Rules of Construction
A. In the construction of these regulations, the provisions and rules of this Section shall be
preserved and applied, except when the context clearly requires otherwise:
1. The singular number includes the plural and the plural the singular.
2. The present tense includes the past and future tenses and the future the present.
3. The word “shall” is mandatory while the word “may” is permissive.
4. The phrase “used for” shall include the phrases “arranged for,” “designed for,”
“intended for,” “maintained for” and “occupied for.”
5. The word “person” includes an individual, firm, corporation, association, partnership,
trust, governmental body and agency, and all other legal entities.
6. The word “City” means the City of Valley Center, Kansas.
7. The words “Governing Body” mean the Mayor and Council members of the City of
Valley Center, Kansas which together constitute the governing body.
8. The word “Clerk” means the City Clerk of the City of Valley Center, Kansas.
9. The words “Planning Commission” mean the Valley Center City Planning
Commission.
10. The words “Comprehensive Plan” mean the adopted and approved Comprehensive
Development Plan for the City of Valley Center, Kansas and surrounding Planning
Area, which includes, among other elements, a plan for land use.
11. The word “Board” means the Valley Center Board of Zoning Appeals.
12. The words “zoning jurisdiction” mean the area as defined in Section 17.01.04 for
which the jurisdiction of these regulations is applicable for zoning purposes.
13. Unless otherwise specified, all distances shall be measured horizontally.
B. Any word or phrase which is defined in this Section or elsewhere in these regulations
shall have the meaning as so defined whenever used in these regulations, unless such
definition is expressly limited in its meaning or scope.
C. Words or terms not herein defined shall have their ordinary meaning in relation to the
context as defined in a dictionary.
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17.02.09 Definitions. The following definitions shall be used in the interpretation and
construction of these regulations:
ACCESSORY APARTMENT: An accessory use dwelling unit that may be constructed wholly
within, or may be detached from, a principal single-family dwelling unit which shall be subject to
the following standards:
1. A maximum of one accessory apartment may be allowed on the same zoning lot as a
single-family dwelling unit;
2. The appearance of an accessory apartment shall be compatible with the principal
dwelling and the character of the neighborhood;
3. The lot on which the accessory apartment is to be located must meet the minimum lot
area as required for the lot size in the relevant zoning district;
4. The off-street parking space and standards required for Section 17.05. 02.A1 must be
met;
5. Separate or shared utility connections may be utilized subject to meeting all
requirements of the current building codes for the City;
6. Temporary, prefabricated structures may be used as accessory apartments for limited
periods of time; and
7. An accessory apartment shall remain accessory to and under the same ownership as
the principal single-family dwelling unit and not be subdivided or sold as a condominium.
A suitable deed restriction stating this restriction must be filed with the Sedgwick County
Register of Deeds prior to issuance of any occupancy certificate for the accessory
apartment;
ACCESSORY USE OR STRUCTURE: As defined in Chapter 17.06.
ADULT CARE HOME: means any nursing facility, nursing facility for mental health,
intermediate care facility for the mentally retarded, assisted living facility, residential health care
facility, home plus, boarding care home and adult day care facility, all of which classifications of
adult care homes are required to be licensed by the secretary of the Kansas Department of
Health and Environment. The term "adult care home" shall not include institutions operated by
federal or state governments, except institutions operated by the Kansas commission on
veterans affairs, hospitals or institutions for the treatment and care of psychiatric patients, child
care facilities, maternity centers, hotels, offices of physicians or hospices which are certified to
participate in the Medicare program under 42 code of federal regulations, chapter IV, section
418.1 et seq. and amendments thereto and which provide services only to hospice patients. For
facilities operated as a home occupation for seven adults or more, application may be made to
the Board of Zoning Appeals for a conditional use in any residential zoning district.
AGRICULTURE: The use of land for growing crops in the open, horticulture, nurseries, truck
farms and accessory uses, including structures not in a designated flood plain, for carrying out
agricultural operations; provided, however, such agricultural use shall not include the following
uses: (See Section 17.03.02.E4 for Exemptions.)
The maintenance and operation of commercial greenhouses or hydroponic farms, except in
zoning districts where permitted.
1. Retail sales as an accessory use, unless the same are otherwise permitted by these
regulations.
2. The feeding of garbage to animals.
3. The feeding, grazing or sheltering of domestic animals or fowl, e.g., horses, cows,
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swine, goats, chickens, pigeons, rabbits or fur bearing animals, but not including cats
and dogs and other pets; unless such animals or fowl are otherwise permitted by City
laws or regulations.
4. The operation or maintenance of a stockyard or feedlot.
5. Farmhouses are considered to be single-family dwellings.
AIRCRAFT: Any contrivance now known or hereafter invented for use in or designed for
navigation of or flight in the air.
AIRPORT: (Including Landing Strip, Heliport or Helistop.) Any premises which are used, or
intended for use, for the landing and take-off of aircraft; and any appurtenant areas which are
used, or intended for use, for airport buildings or structures, aircraft storage or tie-down areas
or open spaces.
ALLEY: A minor public right-of-way along the side of or in the rear of lots intended to provide a
secondary means of access to abutting lots and to and from streets.
ALTERATION: See STRUCTURAL ALTERATION.
AMUSEMENT CENTER: An indoor commercial establishment which contains amusement
devices for public use as the principal activity of the business operating the center, but, in any
event, places which operate five or more of the devices. Amusement devices shall include
computer video games, pinball machines, pool or billiard and other table games. Such
definition is not intended to include recreational uses such as bowling, skating rinks or miniature
golf, but may include ranges for archery and shooting firearms.
ANIMAL HOSPITAL OR CLINIC: An establishment where animals are admitted principally for
examination, treatment, board or care, by a doctor of Veterinary Medicine. This does not
include open kennels or runs, unless specifically permitted by the district regulations.
APARTMENT: See DWELLING, MULTIPLE-FAMILY.
APPEAL: See Section 17.10.07 for description.
ASSISTED LIVING FACILITY: Dwelling units used by older persons, persons with disabilities or
other persons needing or desiring assistance with day-to-day living matters, but not including
nursing homes, hospitals or convalescent care facilities. Typical uses include retirement
communities in which housekeeping services, common dining facilities and recreational and
social activities are offered to residents.
AUTOMOBILE SERVICE STATION: A structure and surrounding land used for the storage and
sale of petroleum fuel, including self-service, primarily to passenger vehicles and for accessory
uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor
vehicles and the performing of minor repairs, but not including tire recapping, body repairs or
major overhaul. Such use does not include open sales lots for new or used vehicles nor
provide rental equipment, unless specifically permitted by the district regulations.
AWNING: A roof-like cover that is temporary in nature which projects from the wall of a building
and which may overhang a public sidewalk area.
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BASEMENT: That portion of a building located wholly or partially underground, but having more
than one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BED AND BREAKFAST HOME OR INN: A dwelling where for compensation one or more
rooms are available for lodging and breakfast served to lodgers only. When conducted as a
home occupation, such facilities are designated as “homes.” When designated as an “inn,”
such facilities may be operated as a home occupation or as a business enterprise. When
specifically permitted, tea rooms for a limited number of customers may be operated in
conjunction with bed and breakfast inns.
BLOCK: A tract of land bounded by streets or by a combination of streets, public parks,
cemeteries, railroad rights-of-way, waterways, city limits or other property lines.
BOARDING OR ROOMING HOUSE: A building other than a hotel where, for compensation
and by prearrangement for definite periods, lodging only or with meals are provided for three or
more boarders and/or roomers exclusive of the occupant’s family. Individual cooking facilities
are not provided. (See FAMILY.)
BUILDING: Any covered structure having a roof supported by columns or walls for the shelter,
support or enclosure of persons, animals, horticultural products or chattels. Interconnected
buildings shall be considered as one building.
BULK REGULATIONS: Regulations controlling the size of structures and the relationships of
structures and uses to each other and to open areas and lot lines. Bulk regulations include
regulations controlling: (1) maximum height, (2) maximum lot coverage, and (3) minimum size
of yards and setbacks. (See Section 17.03.27 for utility and communication facilities
exemption.)
BUSINESS AND PROFESSIONAL OFFICE: The office of an architect, attorney, dentist,
doctor, engineer, landscape architect, real estate or insurance agent or other similar
professional person, and any office used primarily for accounting, correspondence, research,
editing or administration.
CAMPGROUND: Any parcel of ground which provides space for transient occupancy and is
used or intended to be used for the parking of one or more camping trailers, tents or similar
recreational vehicles. No camper shall occupy a campground for a period exceeding 30
consecutive days. The term campground does not include sales lots on which unoccupied
camping trailers, whether new or used, are parked for the purpose of storage, inspection or
sale.
CANOPY: Any structure, movable or stationary, open on three sides without supporting posts,
which is attached to and projects from a wall of a building for the purpose of sheltering a driveup facility, platform, stoop, entranceway or sidewalk from the elements including a motor
vehicle; or an independent roof-like structure supported by posts with no sidewalls for the
purpose of sheltering a gasoline service area or drive-in facility. In any event, the sheltering of
motor vehicles (further defined as a Carport) is for temporary parking and unloading only and
not a permanent parking space. (See Section 17.03.30 for Permitted Obstructions.)
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CAPACITY IN PERSONS: The maximum number of persons that can avail themselves of the
services or goods of an establishment, at any one time, with reasonable comfort.
CARPORT: A structure for shelter and permanent parking space for motor vehicles attached to
a building or independent thereof which is enclosed on at least one side and has supporting
posts. Such carports are not permitted obstructions under Section 17.03.30, and when attached
to the principal structure, must meet the setbacks required for that principal structure. (See
CANOPY.)
CAR WASH: An establishment having facilities designed or used exclusively for washing or
cleaning motor vehicles.
CHILD CARE FACILITIES: Definitions for facilities which provide care for children are
established by state law and promulgated by regulations of the Kansas Department of Health
and Environment. Standards for such definitions may be periodically amended by changes to
state regulations and are automatically incorporated herein. The following facilities are licensed
or registered by the department:
1. Child Care Centers: A child care facility in which care and educational activities are
provided for 13 or more children two weeks to 16 years of age for more than three hours
and less than 24 hours per day including day time, evening, and night-time care, or
which provides before and after school care for school-age children. A facility may have
fewer than 13 children and be licensed as a center if the program and building meet
child care center regulations, based on the following table:
License Capacity - Two Adults
Age of children
Min. Staff/Child Ratio
Infants (2 weeks to 12 months)
Infants to 6 years
1 to 3
1 to 4
(maximum of 2 infants)
1 to 5
Toddlers (12 months to 2½ years,
if walking alone)
2 years to 3 years
1 to 7
2½ years to school age
1 to 10
3 years to school age
1 to 12
Kindergarten enrollees
1 to 14
School age
1 to 16
(Source: Kansas Department of Health and Environment)
Max. # of children
per unit
9
8 (maximum of
4 infants)
10
14
20
24
28
32
2. Preschools: A child care facility which provides learning experiences for children who
have not attained the age of eligibility to enter kindergarten prescribed in K.S.A 721107(c) and any amendments thereto, and who are 30 months of age or older; which
conducts sessions not exceeding three hours per session; which does not enroll any
child more than one session per day; and which does not serve a meal. The term
"preschool" shall include education preschools, Montessori schools, nursery schools,
church-sponsored preschools, and cooperatives. A preschool may have fewer than 13
children and be licensed as a preschool if the program and facility meets preschool
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regulations. In lieu of being licensed, preschool operated in the same building as private
schools providing kindergarten through grade six shall be governed by Kansas statutes
applicable to private school. The license for the preschool states the maximum number
of children than can be in care at any one time and also states the maximum number of
children than can be in care in any one unit by age group. Staff to child ratios must be
maintained at all times, which are the same as the Child Care Center ratios.
3. Day Care Home: (Licensed) A child care facility in which care is provided for a
maximum of ten (10) children under 16 years of age and includes children under eleven
(11) years of age related to the provider. This total includes children under eleven (11)
years of age related to the provider. The total number of children in care at any one time
is based on the ages of the children in care.
4. Group Day Care Home: A child care facility in which care is provided for a maximum of
twelve (12) children under 16 years of age and includes children under eleven (11)
years of age related to the provider. The total number of children in care at any one time
is based on the ages of the children in care, based on the following tables:
License Capacity - One Adult
Age of Children Enrolled
2½ years to 11 years of age
3 years to 11 years of age
Kindergarten Age to 11 years of age
License Capacity
9
10
12
License Capacity - Two Adults
Max. # of Children Max. # of Children under 18 Kindergarten age
under 18 months
months to Kindergarten
Child to Age 11
1
8
3
2
7
3
3
6
3
4
4
2
Maximum # of Children 18 months to 2½ years=5
License
Capacity
12
12
12
10
5. Family Day Care Home: A home in which care is provided for less than 24 hours per
day for a maximum of six children who are less than 16 years of age, but of whom not
more than three children are less than 18 months.
(See Section 17.06.01.B.11 for child care facilities for employees and Sections 17.06.03.C and
D for home occupations permitted and prohibited.)
CLUB: An organization licensed as a Class A or B club for the purpose of consuming alcoholic
beverages either for or not for profit under K.S.A. 41-2601, et seq., as amended. (See
FRATERNAL OR SERVICE CLUB and TAVERN AND DRINKING ESTABLISHMENT.)
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COMMUNITY BASED GROUP BOARDING HOMES FOR CHILDREN AND YOUTH means
any shelter facility, juvenile detention facility or youth residential facility, as defined by K.S.A.
2010 Supp. 38-2202 and 38-2302, and amendments thereto.
CONDITIONAL USE: The use of a structure or land that is not permitted outright within any
zoning district, but when specifically authorized and listed in these regulations as a conditional
use such use may be granted as an “exception” by the Board of Zoning Appeals. Conditions
may be attached to the approval of such uses by the Board so that they may be more
compatible to the particular location within a district. (See Chapter 17.10 for Conditional Uses.)
CONDOMINIUM: A structure and related common areas and facilities designed to meet the
provisions of the Apartment Ownership Act cited in K.S.A. 58-3101 et seq. which governs the
ownership, management, taxation, contents of the declaration and other matters related to the
sale and operation of such structures and the independent units therein. Independent
condominium units, as defined in the Act, may be used for residential, office, business,
industrial and other uses as permitted by the respective zoning districts. The contents of the
declaration as required by K.S.A. 58-3111 shall also include a provision for the City to carry out
the obligation to maintain the common areas and facilities in order to avoid having them
become a public nuisance. In the event that such common areas and facilities are all or
portions of declared to be a public nuisance by the Governing Body and such responsibilities
are assumed by the City, the costs for such maintenance shall be assessed against the
condominium units and shall become a tax lien thereon. The Zoning Administrator must be
satisfied that such a provision is included in the declaration before an occupancy certificate will
be approved.
DENSITY: Restrictions on the number of dwelling units that may be constructed per acre or per
square feet of a zoning lot area.
DEPARTMENT AND VARIETY STORE: A business which is conducted under a single owner’s
name wherein a variety of unrelated merchandise and services are provided, exhibited and sold
directly to the customer for whom the merchandise and services are furnished. (See RETAIL)
DEVELOPER: The legal or beneficial owner or owners of all of the land proposed to be
included in a planned development or the duly authorized agent thereof. The holder of an
option or contract for purchase, a lessee having a remaining term of not less than 40 years or
other person having an enforceable proprietary interest in such land, shall be deemed to be a
developer for the purpose of these regulations.
DISTRICT: A section or sections of the zoning jurisdiction for which the regulations governing
the use of buildings and land, the height of buildings, the size of yards, and the intensity of use
are uniform.
DOG KENNEL*: Any place where more than four dogs are kept, maintained, boarded, bred for
a fee or offered for sale unless otherwise permitted by City ordinance. A “dog” is defined as
any member of any canine species over six months of age. This definition includes dogs which
are kept or maintained as pets. (see Title 6 of the Municipal Code regarding animals.):
1. Hobby Kennel: Premises housing five to ten dogs owned by the resident of the
premises.
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2. Boarding/Breeding/Training Kennel: (a) Premises housing five of more dogs of which
three or more are owned by someone other than resident of the premises; and (b) any
premises housing over ten dogs. Such kennels must have a minimum lot size of five
acres, unless all dogs are harbored indoors with no discernible noise or odor at the
property line. The outside perimeter boundary of the entire kennel site, i.e., its zoning
lot, shall be constructed no closer than 600 feet from a dwelling unit other than that
which may be on the same property as the kennel.
3. Plan Approval Guidelines: In order to assure that such a proposed kennel meets the
requirements of these regulations and that it will be compatible with the surrounding
properties and uses, it is hereby required that all applications include a site plan of the
general area which must be approved prior to any construction on the property. The site
plan shall accompany the application and no application shall be deemed complete nor
set for public hearing until said site plan is submitted. Furthermore, the site plan shall
include a more detailed development plan drawn to scale, showing location and
orientation of all existing and proposed buildings, structures and pens.
*Note: Dog kennels, except for greyhounds, are further regulated by state statutes and
regulations administered by the Kansas Animal Health Department.
DRIVE-IN ESTABLISHMENT: An enterprise which accommodates the patrons’ parked
automobiles and from which the occupants may make purchases, transact business or view
motion pictures or other entertainment. Such definition does not include a drive-through facility
such as located at banks or restaurants.
DWELLING: A building, or portion thereof, which is designed or used for residential occupancy
including a condominium and a modular home, but not a group home as herein defined, an
earth-sheltered dwelling, a residential-design manufactured home, a manufactured home or a
mobile home, unless any of the latter are specifically permitted.
DWELLING, ATTACHED: A residential building which is joined to another dwelling at one or
more sides by a party wall or walls, including walls of an attached garage. Separate ownership
of attached dwelling units known as common lot line housing or “twin homes” shall be
accompanied by a recorded lot split unless already platted into individual lots. All utilities and
facilities must be independent of each other, unless provided by an association of condominium
or town house owners under K.S.A. 58-3101 et seq. or 58-3701 et seq. respectively and platted
as common ownership.
DWELLING, DETACHED: A residential building which is entirely surrounded by open space on
the same lot.
DWELLING, MULTIPLE-FAMILY: A residential building containing three or more dwelling
units.
DWELLING, SINGLE-FAMILY: A residential building containing one dwelling unit only or a
group home as defined herein.
DWELLING, TWO-FAMILY: A residential building containing two dwelling units only.
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DWELLING UNIT: One or more rooms in a residential building or residential portion of a
building which are arranged, designed, used or intended for use by one family, and which
includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
EARTHWORK: The disturbance of soils on a site associated with clearing, grading, or
excavation activities.
EARTH-SHELTERED DWELLING: A single-family dwelling constructed so that 50% or more of
the exterior surface area of the building, excluding garages and other accessory structures, is
covered with earth. Such a dwelling is a complete structure that does not serve just as a
foundation or substructure for above-grade construction. A partially completed building shall
not be considered earth-sheltered. Bulk regulations shall be measured from the structural part
of the dwelling as distinguished from the earth covering.
EASEMENT: A public dedication or private grant by the property owner of the specific use of a
strip of land by others. Limitations apply on what type of principal or accessory buildings or
structures can be located on a public easement. (See Section 17.09.02.A for Zoning Permits.)
FAMILY: Either (1) an individual or two or more persons related by blood, marriage or adoption,
living together as a single housekeeping unit in a dwelling unit; or (2) a group of not more than
four persons who need not be related by blood, marriage or adoption, living together as a
single, nonprofit housekeeping unit in a dwelling unit; plus in either case, domestic servants. A
family may include any number of gratuitous guests or minor children not related by blood,
marriage or adoption. No more than two boarders or roomers are permitted as part of a
housekeeping unit. (See BOARDING OR ROOMING HOUSE and Section 17.06.03 for home
occupation limitations.)
FARMERS’ MARKETS, ART AND CRAFTS MARKETS OR COMBINATION THEREOF. An
outdoor place or market area with a formalized location where more than one Kansas farmer or
grower gathers to sell agricultural products they have grown or raised. Other activities and other
sellers may be accommodated at the market, but the sale of agricultural products sold would
typically include dried flowers, crafts and handicrafts that are made in the home, original artwork
and certain prepared foods, such as baked goods, preserves, pickles and cheese.
FENCE: A free-standing structure of customary materials such as metal, masonry, glass,
plastic or wood or any combination thereof, resting on or partially buried in the ground and
rising above ground level, and used for confinement, screening or partition purposes, but which
does not pose a threat to public safety or health and is designed and constructed in such a
manner as to produce an aesthetically pleasing appearance. Fences constructed of metal
roofing materials, fork-lift pallets, concrete bags, portions of vehicles or appliances and the like
are not permitted. (See Section 17.03.30 for fences as Permitted Obstructions.)
FLOOD PLAIN: See Article 18 of the Municipal Code.
FLOOR AREA: For computing off-street parking requirements, floor area shall mean the gross
floor area of the building measured from the exterior faces of the exterior walls or from the
centerline of walls separating two buildings and shall include all floors, except that space which
is used for storage or for group meeting rooms.
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FRATERNAL OR SERVICE CLUB: An association formally organized for either fraternal,
social, educational, philanthropic or other similar purposes, including union and professional
organizations and operated not for profit for persons who are bona fide members paying annual
dues, which owns, hires or leases premises, the use of which premises is restricted to such
members and their guests. The affairs and management of such association are conducted by
a board of directors, executive committee or similar body chosen by the members. Food, meals
and beverages may be served on such premises; provided, adequate dining space and kitchen
facilities are available. Alcoholic beverages may be sold or served to members and their
guests, provided such service is secondary and incidental to the promotion of some other
common objective of the organization, and further provided that such sale or service of
alcoholic beverages is in compliance with all federal, state, county and local laws. (See CLUB.)
FRONTAGE: The property on one side of a street between two intersecting streets (crossing
or terminating) measured along the line of the street; or with a dead-end street, all property
abutting one side of such street measured from the nearest intersecting street and the end of
the dead-end street.
GARAGE, PRIVATE: A building for the private use of the owner or occupant of a principal
building situated on the same lot as the principal building for the storage of motor vehicles with
no facilities for mechanical service or repair of a commercial or public nature.
GARAGE, REPAIR: A building designed and used for the storage, care, repair or refinishing of
motor vehicles including both minor and major mechanical overhauling, paint and body work.
GARDEN STORE: A store which sells growing plants, seeds, bulbs, shrubs, trees and
gardening and landscaping tools, implements and supplies, including lawn furniture.
GRADING: See EARTHWORK
GROUP HOME: A dwelling occupied by not more than 10 persons, including eight or fewer
persons with a disability which is a physical or mental impairment as defined by K.S.A. 12-736.
The two staff residents need not be related by blood or marriage to each other or to the other
residents of the home. Such a dwelling must be licensed by the Kansas Department of Social
and Rehabilitation Services or the Kansas Department of Health and Environment. (See
DWELLING, SINGLE-FAMILY.)
HAZARDOUS WASTE FACILITY: An on-site or off-site facility or part of a facility or
modification of an existing facility which includes all contiguous land, structures and other
appurtenances and improvements on the land utilized for the purpose of treating, storing or
disposing of hazardous waste. Such term shall also mean a hazardous waste injection well. In
addition to this definition of facility, all related definitions pertaining to hazardous wastes as
contained in K.S.A. 65-3430 and as may be amended from time to time are hereby incorporated
by reference into the definitions of these regulations.
HEIGHT, MAXIMUM: A horizontal plane above and parallel to the average finished grade of
the entire zoning lot at the height shown in the district regulations. No part of any structure
shall project through such plane except:
1. Chimneys, flues, stacks, fire escapes, gas holders, elevator enclosures, ventilators,
skylights, solar panels, water tanks and similar roof structures needed to operate and
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maintain the building on which they are located and signs where permitted by Chapter
17.07; (See Section 17.07.03C for Height of Sign.)
2. Flagpoles, water towers and tanks, steeples, bell towers, carillons, monuments, cupolas
and electric transmission line towers; but not wind energy conversion systems.
3. Communication structures as an accessory structure which do not exceed 60 feet in
height in agricultural and industrial districts only. Also an exception to the maximum
height in all districts are antennas for licensed amateur radio and citizens band
operators as well as wireless cable TV antennas on masts. Communication structures
include (1) antennas, and (2) broadcasting and microwave transmitting and relay towers
for television, radio and cellular telephone systems and other similar forms of electronic
communication. In all districts, applicants may apply to the Planning Commission for a
special use to construct a communication structure as a principal use which may exceed
the height limitations for such structures. The Planning Commission may adopt criteria
in the form of a policy statement to assist in the review of such special use applications.
(See Section 17.06.01.B6 for satellite dish antennas, Section 17.06.01.B.7 for
communication structures, antennas and aerials, Section 17.03.11 for lot size and bulk
regulations exemption and Review Criteria for Wireless Communication Facilities in
Appendix.)
HOME OCCUPATION: As defined in Chapter 17.06.
HOTEL: A building or portion thereof, or a group of buildings, which provides sleeping
accommodations for transients with or without meals, whether such establishments are
designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist
court or otherwise, but not a bed and breakfast home or inn.
LANDSCAPING: The improvement of a lot, parcel or tract of land with grass and shrubs and/or
trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as
fountains, statuary and other similar natural and artificial objects designed and arranged to
produce an aesthetically pleasing effect.
LOT: See LOT, ZONING.
LOT AREA: The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER: A lot abutting upon two or more streets at their intersection. (See LOT LINE,
REAR and YARD, FRONT.)
LOT COVERAGE: That percentage of a lot which, when viewed directly from above, would be
covered by a structure or structures or any part thereof, excluding projecting roof eaves and
recreational activity areas for basketball, racquetball, swimming, tennis and similar activities.
LOT DEPTH: The distance between the midpoints of the front lot line and the midpoint of the
rear lot line.
LOT, INTERIOR: A lot other than a corner lot, i.e., one whose side lot lines do not abut upon
any street.
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LOT LINE: The boundary line of a zoning lot. (See LOT, ZONING.)
LOT LINE, FRONT: A street right-of-way line forming the boundary of a lot. (See LOT,
CORNER.)
LOT LINE, REAR: The lot line that is most distant from and is or is most nearly, parallel to the
front lot line. If a rear lot line is less than 10 feet long or if the lot comes to a point at the rear,
the rear lot line shall be a line at least 10 feet long, lying wholly within the lot, parallel to the front
line. If a zoning lot has two or more front lot lines, the owner or developer shall designate the
yard which is to be the rear yard and/or side yard.
LOT LINE, SIDE: A lot line which is neither a front lot line nor a rear lot line. (See LOT LINE,
REAR.)
LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in
the office of the County Recorder of Deeds or a parcel of land described by metes and bounds
of which the deed was recorded prior to adoption of these regulations.
LOT, REVERSE FRONTAGE: A lot whose rear lot line also serves as the street line for a
limited access highway or street. With complete access control on the rear lot line, the abutting
yard is considered to be a rear yard. (See LOT, THROUGH and YARD, REAR.)
LOT SIZE REQUIREMENTS: Restrictions on the dimensions of lots including (1) minimum lot
area, width and depth; and (2) maximum density. Lot area, width and depth establish the
minimum size of the zoning lot on which a structure or use or two or more structures or uses,
may be constructed or established. (See Section 17.03.27 for utility and communication
facilities exemption.)
LOT, THROUGH: A lot which has a pair of opposite lot lines along two substantially parallel
streets and which is not a corner lot. On a through lot, both street lines shall be deemed front
lot lines, but in the case of two or more contiguous through lots, there shall be a common front
lot line. Sometimes referred to as a double frontage lot. (See LOT, REVERSE FRONTAGE.)
LOT WIDTH: The distance on a horizontal plane between the side lot lines measured at right
angles to the lot depth at the established front yard setback line.
LOT, ZONING: A parcel of land that is designated by its owner or developer at the time of
applying for a zoning permit as a tract all of which is to be used, developed or built upon as a
unit under single ownership. As long as it satisfies the above requirements, such lot may
consist of: (1) a single lot of record, or (2) a portion of a lot of record, or (3) a combination of
complete lots of record, complete lots and portions of lots of record, or portions of lots of record.
MANUFACTURED HOME: A factory-built structure or structures equipped with the necessary
service connections and made so as to be transportable as a unit or units on its own running
gear and designed to be used as a dwelling unit with or without a permanent-type, enclosed
perimeter foundation. The transportation system is designed so that the home may be moved
from time to time at the convenience of the owner. The term shall include two or more
separately towed units which are designed to be bolted or otherwise fastened together to form a
complete living unit. Such homes are built on a chassis consisting of drawbar and coupling
15
mechanism, frame (e.g., steel I-beams), running gear assembly and lights. Removal of any or
all of these component parts does not change the definition. All such homes shall be either
skirted according to the manufacturer’s design and construction standards or placed on a
permanent-type, enclosed perimeter foundation and, according to standards of the State of
Kansas under K.S.A. 75-1226, et seq., as amended, shall be anchored to the ground or
secured to a permanent-type foundation. All manufactured homes must meet the standards of
the National Manufactured Home Construction and Safety Standards of 1976, otherwise
referred to as the “HUD Code”. Additions may be made to such homes for patios, porches,
carports, garages, storage structures and living space provided such additions are designed
and constructed by a manufactured home factory or meet applicable City building codes.
Overhead structures which cover or enclose a home are not permitted; however, a protective
roof covering which is used to remedy a deteriorating roof condition is permitted. Under no
circumstances shall two or more single-wide homes be permitted to connect together in any
manner on the same zoning lot, nor shall such homes be attached to or integrated with the
design of a site-built dwelling unit. (See MOBILE HOME and RESIDENTIAL-DESIGN
MANUFACTURED HOME.)
MANUFACTURED HOME PARK: Any area, piece, parcel, tract, or plot of ground equipped as
required for support of manufactured and mobile homes and used or intended to be used by
one or more occupied home. Such parks shall be under one ownership and control, but under
no circumstances shall the home spaces be sold or offered for sale individually. The definition
of a park does not include a sales area on which unoccupied homes, whether new or used, are
parked for the purposes of storage, inspection or sale, unless approved as a conditional use by
the Board of Zoning Appeals. A manufactured or mobile home may, however, remain on a
space for purposes of sale by the resident owner.
MANUFACTURING, LIMITED: An establishment primarily engaged in the on-site production of
goods by hand manufacturing which generally involves only the use of hand tools or other
equipment not exceeding two horsepower or a kiln not exceeding eight kilowatts, which may
include assembly and packaging, as well as incidental, direct sales to consumers of those
goods produced on-site. Typical uses include art glass studios, ceramic shops, candle-making
shops, custom jewelry manufacturing, electronic and computer products assembly, millwork
and cabinetry, precision machining of tools, dies and jigs, production of instruments and lenses
for medical, dental, optical, scientific and other professional purposes, and upholstery shops.
These uses shall not employ more than 10 persons per shift.
MEDICAL, DENTAL OR HEALTH CLINIC: Any building designed for use by two or more fulltime professional persons engaged in the diagnosis, care and treatment of physical or mental
diseases or ailments of human beings; including, but not limited to doctors of medicine,
dentists, chiropractors, osteopaths, optometrists, podiatrists and naturopaths, and in which no
patients are lodged overnight, but which may include an apothecary.
MINI-STORAGE FACILITY: A building or group of buildings that contain varying sizes of
individual, compartmentalized and controlled-access stalls and/or lockers for the indoor storage
of customer’s goods or wares. Outdoor storage may be permitted, but only when specifically
permitted by these regulations. The operation shall not include a transfer and storage business
where the use of vehicles is part of such a business.
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MOBILE HOME: A factory-built structure or structures equipped with the necessary service
connections and made so as to be transportable as a unit or units on its own running gear and
designed to be used as a dwelling unit with or without a permanent-type, enclosed perimeter
foundation. The transportation system is designed so that the home may be moved from time
to time at the convenience of the owner. The term shall include two or more separately towed
units which are designed to be bolted or otherwise fastened together to form a complete living
unit. Such homes are built on a chassis consisting of drawbar and coupling mechanism, frame
(e.g., steel I-beams), running gear assembly and lights. Removal of any or all of these
component parts does not change the definition. All such homes shall be either skirted
according to the manufacturer’s design and construction standards or placed on a permanenttype, enclosed perimeter foundation and, according to standards of the State of Kansas under
K.S.A. 75-1226, et seq., as amended, shall be anchored to the ground or secured to a
permanent-type foundation. Additions may be made to such homes for patios, porches,
carports, garages, storage structures and living space provided such additions are designed
and constructed by a manufactured home factory or meet applicable City building codes.
Overhead structures which cover or enclose a home are not permitted; however, a protective
roof covering which is used to remedy a deteriorating roof condition is permitted. Under no
circumstances shall two or more single-wide homes be permitted to connect together in any
manner on the same zoning lot, nor shall such homes be attached to or integrated with the
design of a site-built dwelling unit. (See MANUFACTURED HOME and RESIDENTIAL-DESIGN
MANUFACTURED HOME.)
MODULAR HOME: A dwelling structure located on a permanent foundation and connected to
public utilities, consisting of pre-selected, prefabricated units or modules, and transported to
and/or assembled on the site of its foundation; in contrast to a dwelling structure which is
custom built on the site of its permanent location; and also in contrast to a manufactured home,
either single-width, double-width or multi-width, located on its permanent foundation. In
general, such modular homes shall have exterior building materials and somewhat similar
appearance to custom built single-family dwellings and meet the standards of the City building
codes.
MOTION PICTURE THEATRE: A building or part of a building intended to be used for the
specific purposes or presenting entertainment as defined herein, or displaying motion pictures,
slides, or closed circuit television pictures before an individual or assemblage of persons,
whether such assemblage be of a public, restricted or private nature, except a home or private
dwelling where no fee, by way of an admission charge, is charged; provided, however, that any
such presentations are not distinguished or characterized by an emphasis on the depiction or
description of specified sexual activities or specified anatomical areas in that any such depiction
or description is only incidental to the plot or story line. A Motion Picture Theatre does not
include any establishment that is defined by Adult Motion Picture Theatre, Adult Mini-Motion
Picture Theatre, Adult Motion Picture Arcade, or Adult Drive-In Theatre. A Drive-In Theatre
requires a Conditional Use in the C-2 District.
NONCONFORMING LOT OF RECORD: A zoning lot which does not comply with the lot size
requirements for any permitted use in the district in which it is located. (See Sections 17.08 for
Nonconforming Lots of Record.)
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NONCONFORMING STRUCTURE OR USE: A lawfully existing structure or use at the time
these regulations or any amendments thereto became effective which does not conform to the
requirements of the zone in which it is located. (See Chapter 17.08 for Nonconforming
Structures and Uses.)
NURSING OR CONVALESCENT HOME: An institution for the care of children or the aged or
infirm, or a place of rest for those suffering bodily disorders, but not including institutions for the
care and treatment of mental illness, alcoholism or narcotics addiction. Regulations of the
Kansas Department of Health and Environment designate such homes as “Adult Care Homes.”
OCCUPANCY CERTIFICATE: A certificate by which the Zoning Administrator certifies that
upon completion of an applicant’s proposed structure and/or use or change in use that it
complies with these regulations and, therefore, may be occupied and/or used. When
applicable, such a certificate may be combined with the issuance of a certificate of occupancy
as required by a building code. (See Section 17.08.04.H for Change in Use and Section
17.09.02.B for Occupancy Certificates.)
OUTDOOR CAFÉ: That portion of a restaurant with tables located in conjunction with the
restaurant premises. None of the café can be on public property.
PERMITTED USE: A use of a structure or land which is permitted outright within a zoning
district because of its suitability to the purpose of the other uses so designated. When a use
may appear to be classified under more than one permitted use as well as a special or
conditional use in any zoning district, the most specific or restrictive description or narrowly
defined meaning is applicable. The Zoning Administrator is authorized to issue zoning permits
and occupancy certificates for such permitted uses when all other requirements of the
regulations have been met.
PREMISES: A contiguous lot or tract of land together with all buildings and structures thereon.
PRINCIPAL STRUCTURE: A structure in which a principal use of the lot on which the structure
is located is conducted.
PRINCIPAL USE: The main use of land or structures as distinguished from a subordinate or
accessory use.
RECREATIONAL VEHICLE, (RV): A vehicle or a unit that may be independently motorized or
may be mounted on or drawn by another vehicle, which is primarily designed and used for
travel, camping, recreation, temporary living or occasional use. Recreational vehicles include
motor homes, mini-motor homes, converted buses, converted camper vans, pickup and truck
campers, camping trailers, fifth-wheel trailers, boats and boat trailers, jet skis and jet ski trailers,
all-terrain vehicles (ATV’s) and similar vehicles. Conventional vans and pickup trucks with or
without slide-in pickup campers or toppers are not considered to be recreational vehicles nor
are small trailers used for hauling animals, equipment or household goods of the occupant of
the dwelling whereon such trailer is parked. (See Section 17.0601.B for storage of recreational
vehicles.)
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RECYCLING CENTER: A location where clean, source-separated, recyclable materials are
accepted or deposited by the public for transfer elsewhere. As distinguished from the operation
of salvage yards or hazardous waste facilities, such recyclable materials consist only of
aluminum and steel cans, glass, paper, plastic, reusable containers and materials capable of
being composted. A center must be maintained in a litter-free condition on a daily basis. The
name and phone number of a responsible party must be clearly posted in case a problem
occurs. Such a center may be further classified as follows: (See Sections 17.06.01.B.12 and
17.06.02G for recycling centers.)
1. Small recycling collection center: A center for collection containers or reverse
vending machines not exceeding 100 square feet in ground area which may be
approved by the Zoning Administrator as an accessory use in all business and industrial
districts and on church and public property. Such a center may be located in the
required front yard in business and industrial districts and on public property if proper
vehicular safety and parking standards can be maintained.
2. Large recycling collection center: A center for collection containers larger than 100
square feet in ground area, on-site trailers, bulk-feed reverse vending machines,
vehicles on-site during operating hours only and the like. As an accessory use, such a
center may be approved by the Board of Zoning Appeals as a conditional use in all
business and industrial districts and on church and public property.
3. Recycling processing center: A principal use in industrial districts only for handling
the collection and processing of large volumes of bulky materials, some of which may
originate at other recycling centers. Mechanical equipment may be used such as
forklifts, balers, smashers and other related equipment. Outdoor storage may be
permitted including composting operations.
REHABILITATION HOME: A residential building which is used by an organized group to
supervise the rehabilitation of the individual occupants. Sometimes such homes are known as
“halfway houses” for the rehabilitation of wayward juveniles, drug or alcoholic addict or former
offenders. For new buildings or modifications of existing buildings, the overall appearance is to
remain as a residential type building when located in a residential district.
RESIDENTIAL BUILDING: A building all or part of which contains one or more dwelling units,
including single-family dwellings, two-family dwellings, multiple-family dwellings, earth-sheltered
housing, lodging houses, dormitories, sororities and fraternities, as well as modular homes.
RELIGIOUS INSTITUTION: Any building used for non-profit purposes by an established
religious organization holding ether tax exempt status under Section 501c(3) of the Internal
Revenue Code or under the state property tax law, where such building is primarily intended to
be used as a place of worship. The term includes, but is not necessary limited to, church,
temple, synagogue, and mosque.
RESIDENTIAL-DESIGN MANUFACTURED HOME: A structure manufactured to the standards
embodied in the National Manufactured Home Construction and Safety Standards generally
known as the HUD Code established in 1976 pursuant to 42 U.S.C. Sec. 5403. Such units
shall provide all of the accommodations necessary to be a dwelling unit and shall be connected
to all utilities in conformance with applicable City regulations. Such a structure shall be on a
permanent-type, enclosed perimeter foundation which has minimum dimensions of 22 body feet
19
in width, a pitched roof, siding and roofing materials which are customarily used on site-built
homes, and which complies with the following architectural or aesthetic standards so as to
ensure their compatibility with site-built housing:
1. The roof must be predominantly double-pitched and have a minimum vertical rise of 2.2
inches for every 12 inches of horizontal run, and must be covered with material that is
customarily used on site-built dwellings, including but not limited to approved wood,
asphalt composition shingles or fiberglass, but excluding corrugated aluminum,
corrugated fiberglass or metal roof. The roof shall have a minimum eave projection and
roof overhang on at least two sides of 10 inches which may include a gutter.
2. Exterior siding shall be of a non-reflective material customarily used on site-built
dwellings such as wood, composition, simulated wood, clapboards, conventional vinyl or
metal siding, brick, stucco, or similar materials, but excluding smooth, ribbed or
corrugated metal or plastic panels. Siding material shall extend below the top of the
exterior of the foundation or curtain wall or the joint between siding and enclosure wall
shall be flashed in accordance with City building codes.
3. The home shall be installed in accordance with the recommended installation
procedures of the manufacturer and the standards set by the International Conference
of Building Officials (ICBO) and published in the most current edition of “Guidelines for
Manufactured Housing Installations.” A continuous, permanent concrete or masonry
foundation or masonry curtain wall, unpierced except for required ventilation and access
which may include walk-out basements and garages, shall be installed under the
perimeter of the home, also in accordance with the above guidelines.
4. At the main entrance door there shall be a landing that is a minimum of 25 square feet
which is constructed to meet the requirements of the City building codes.
5. The moving hitch, axles, wheels and transporting lights must be removed at the time of
installation of the home on the lot.
6. The finished floor of the home shall be a maximum of 24 inches above the exterior finish
grade of the lot on which it is located, as measured at the main entrance into the
dwelling.
7. Any attached addition to such a home shall comply with all construction requirements of
the City building codes, unless designed and constructed by a manufactured home
factory.
8. If 50% or more of the frontage of existing site-built housing on both sides of the street
on which the residential-design manufactured home is to be installed have a garage
and/or a similar percentage have a covered porch or recessed entry, such a home shall
also provide a garage and/or porch or entry based on the percentages determined by
the Zoning Administrator. On a corner lot, the street shall mean that street on which the
frontage of the façade has been designated for the household address number.
External roofing and siding material of such garage, porch or entry shall be similar in
appearance to the materials on the roofing and siding of the residential-design
manufactured home.
9. For purposes of these regulations, the term “manufactured home”, when used by itself,
shall not include a “residential-design manufactured home” as herein defined. Nothing
in these regulations shall be construed to preempt or supersede valid restrictive
covenants running with the land as to the placement or location of a residential-design
manufactured home. (See MANUFACTURED HOME or MOBILE HOME.)
20
RESTAURANT: A public eating house, including but not limited to the types of business
establishments customarily referred to as cafeterias, coffee shops, dairy bars, fast food
restaurants, reception halls and soda fountains, but not a drive-in establishment unless
specifically permitted by the district regulations. Drive-through facilities such as service from a
window, however, are permitted. (See DRIVE-IN ESTABLISHMENT.)
RETAIL: Selling on the premises in small quantities as distinguished from warehouse quantities
to the ultimate consumer for direct consumption and/or use and not for resale. Auctions are not
considered retail selling nor are outdoor sales lots for motor vehicles, recreational vehicles and
the like. (See DEPARTMENT AND VARIETY STORE and STORE.)
SALVAGE YARD:
1. Any land or building used for the collection or storage or sale of wastepaper, trash, rags,
fibrous material, scrap metal or other discarded material; or for the collecting or
dismantling or storing or salvaging of machinery or unlicensed motor vehicles not in
operating condition, or for the sale of parts thereof, or materials from the demolition of
buildings or structures.
2. In residential districts, this definition shall prohibit the storing of no more than two
inoperable or unlicensed motor vehicles for a period of more than 72 hours which are in
the process of restoration to operating conditions, unless such vehicles are stored inside
a structure or screened from public view. (See also City Ordinance.)
SCREENING: Fencing or evergreen vegetation maintained for the purpose of concealing from
view the area behind such fences or evergreen vegetation. When fencing is used for
screening, it shall be not less than six nor more than eight feet high, unless otherwise provided.
SETBACK, BUILDING: A line nearest the front of and across a lot or parcel of land establishing
the minimum open space to be provided between the front line of a building or structure and the
line of the front street right-of-way. The setback distance shall be measured from the existing
right-of-way line or the proposed right-of-way, whichever is the greater. (Note: Proposed rightof-way lines are based on the Comprehensive Plan and are further specified in the City
Subdivision Regulations for arterial, collector, local and marginal access streets.) (See YARD,
FRONT.)
SIGN: Any writing (including letters, words or numerals), pictorial representation (including
illustrations or decorations), emblem (including devices, symbols or trademarks), flag, banner,
streamer, pennant, string of lights or display calculated to attract the attention of the public or
any other figure of similar character which:
1. Is a structure or any part thereof or a portable display, or is attached to, painted on, or in
any other manner represented on a building or other structure or on the ground;
2. Is used to announce, direct attention to, or advertise; and
3. Is not located inside a building.
SPECIAL USE: A use of a structure or land which is not permitted outright within a zoning
district because of characteristics that might have an adverse effect upon nearby properties or
the future development of the district unless certain conditions can be placed on the use which
would make it suitable to the purpose of the district and compatible to the other uses so
designated. Such uses are “special” in that they are often large, one-of-a-kind, private or public
uses serving as community facilities and/or whose location would have planning implications for
21
a neighborhood or the entire City. Designated special uses are processed in the same manner
as zoning amendments for the hearing; except that a particular use is applied for within a
district and conditions may be recommended by the Planning Commission and attached to their
approval by the Governing Body. (See Section 17.11.02 for Special Uses.)
STORAGE, OUTDOOR: The storage of goods and materials outside of any building or
structure when specifically permitted by these regulations, but not including storage of a
temporary or emergency nature or of new or used goods and materials on display for sale
except when such display is permitted. Such storage does not permit the storing or parking of
motor vehicles including recreational vehicles or utility trailers for sale at any location in any
residential district.
STORE: A business establishment devoted to the retail sale of goods and under 10,000 square
feet of floor area. (See RETAIL.)
STRUCTURAL ALTERATION: Any change in a structure other than normal repairs and
maintenance which may prolong its useful life; or the useful life of its supporting members such
as bearing walls or partitions, columns, beams, girders or foundations; or any complete
rebuilding of the roof; or the exterior walls; or the construction of any addition to or enlargement
of a structure; or the removal of any portion of a structure. For the purpose of these
regulations, the following shall not be considered a structural alteration:
1. Attachment of a new front where structural supports are not changed.
2. Addition of fire escapes where structural supports are not changed.
3. New windows where lintels and support walls are not materially changed.
4. Repair or replacement of non-structural members.
(See Section 17.03.01.C for Structural Alterations and Section 17.03.04.F for Permitted
Obstructions in Required Yards regarding fire escapes.)
STRUCTURE: Anything constructed or erected which requires location on the ground or
attachment to something having a location on the ground, but not including hard surfaced
walks, mail boxes, utility poles, fire hydrants, street light fixtures or street signs. Fences,
driveways, parking spaces and signs other than street signs are considered to be structures.
TAVERN AND DRINKING ESTABLISHMENT: An establishment which may be open to the
general public wherein alcoholic liquor or cereal malt beverages are sold by the individual drink
to customers for consumption on the premises. Such establishments shall include a Class B
club. (See CLUB.)
TRUCK, LARGE: Any truck of a rated capacity of more than one ton or over seven feet in
width.
USE: Any purpose for which a structure or a tract of land may be designed, arranged, intended,
maintained or occupied; also, any activity, occupation, business or operation carried on, or
intended to be carried on, in a structure or on a tract of land.
USE REGULATIONS: The provisions of these regulations which identify permitted, special and
conditional uses, impose use limitations, and regulate accessory and temporary uses and home
occupations.
22
VARIANCE: See Section 17.10.08 for description.
VISION TRIANGLE: A triangular area at the intersection of streets maintained in such a
manner as to provide a safe and open line of vision for drivers of vehicles approaching the
intersection (see Section 17.03.37 for regulations).
WIND ENERGY CONVERSION SYSTEMS (WECS): Any device commonly or technically
referred to as a wind charger, windmill, wind turbine, or wind generator which converts wind
energy to a form of usable energy. These terms shall include all associated support structures.
YARD: Open space on a lot which is unoccupied and unobstructed from its lowest level to the
sky, except for the permitted obstructions listed in Section 17.03.30.
YARD, FRONT: A yard extending along a full length of a front lot line and back to a line drawn
parallel to the front lot line at a distance therefrom equal to the depth of the required front yard.
On a corner lot, each yard that abuts a front lot line shall be considered a front yard. (See LOT
LINE, FRONT and SETBACK, BUILDING.)
YARD, REAR: A yard extending along the full length of the rear lot line and back to a line drawn
parallel to the rear lot line at a distance therefrom equal to the depth of the required rear yard.
(See LOT LINE, REAR and LOT, REVERSE FRONTAGE.)
YARD, SIDE: A yard extending along a side lot line and back to a line drawn parallel to the side
lot line at a distance therefrom equal to the width of a required minimum side yard, but
excluding any area encompassed within a front yard or rear yard. Dimensions of minimum side
yards specified in the district regulations of these regulations refer to the required width of each
side yard rather than to the total width of both side yards, unless otherwise specified. (See LOT
LINE, SIDE.)
ZONING ADMINISTRATOR: The person appointed by the Mayor with the consent of the City
Council to administer and enforce the requirements of these regulations. (See Section 17.09.01
for Office of the Zoning Administrator.)
ZONING PERMIT: A certificate by which the Zoning Administrator certifies to an applicant that
their proposed structure and/or use are in conformance with these regulations. When
applicable, such a certificate may be combined with the issuance of a building permit as
required by a building code. (See Section 17.09.02A for Zoning Permits.)
17.02.10-17.02.99 Reserved
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General Provisions
CHAPTER 17.03: GENERAL PROVISIONS
Activities Governed by these Regulations
17.03.01 Exemptions. The following structures and uses shall be exempt from the
provisions of these regulations: (See Section 17.08.08 for Registration of Nonconformities and
Exemptions.)
A. Poles, wires, cables, conduits, vaults, lift stations, laterals, pipes, mains, valves or other
similar equipment for the distribution to consumers of telephones or other
communications, electricity, gas or water, or the collection of sewage or surface water,
but not including major utility substations located on or above the surface of the ground.
(See Section 17.03.27 for lot size and bulk regulations for utility facilities.)
B. Railroad tracks, signals, bridges and similar facilities and equipment located on railroad
rights-of-way, and maintenance and repair work on such facilities and equipment.
C. Buildings, structures or land used, but not just leased, by the federal government.
D. Use of land for agricultural purposes as defined in Section 17.02.09, including accessory
buildings and structures thereon not in a designated flood plain. When any land or
accessory buildings or structures cease to be used only for agriculture, then it shall be
subject to the applicable provisions of these regulations.
17.03.02 New Structures. All structures built hereafter shall comply with all of the provisions
of these regulations. Any structure hereafter moved from one site to another site shall be
considered to be a structure built hereafter. Any structure rebuilt or restored after damage, by
any means, shall be considered to be a structure built hereafter, unless Chapter 17.08 of these
regulations permits such structures to be rebuilt or restored. (See Section 17.02.09 for
definition of STRUCTURE.)
17.03.03 New Uses of Old Structures. If a use of any structure is hereafter changed to
another, then the new use must comply with the use regulations of these regulations, unless
permitted by provisions in Chapter 17.08. The mere establishment of the new use does not
require an existing structure to conform to the lot size requirements or the bulk regulations.
17.03.04 Structural Alterations. If any structure is hereafter structurally altered as defined
in Section 17.02.09:
A. The entire structure as altered shall comply with the use regulations of these
regulations.
B. Any alterations, enlargements or additions to the structure shall comply with the bulk
regulations of these regulations, except as permitted by Section 17.08.03.B for
nonconforming structures.
C. The off-street parking facilities shall not be reduced below or if already less than, shall
not be further reduced below the requirements applicable to a similar new structure or
use.
17.03.05 Uses of Open Land. If any use of open land is hereafter established or if any use
of open land is hereafter changed to another use, such new use shall comply with all the
provisions of these regulations, unless permitted by Sections 17.08.04 and 17.08.07.
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General Provisions
Districts, Zoning Maps and Boundaries.
17.03.06 Establishment of Districts. The zoning jurisdiction is hereby divided into the
districts as described in Chapter 17.04. References to “residential districts” shall mean those
districts in which residential uses are the main permitted use. References to “business districts”
shall mean those districts in which commercial uses are the main permitted uses. References
to “industrial districts” shall mean those districts in which industrial uses are the main permitted
use. The “flood plain district” is considered as an overlay zone to be used in conjunction with
the other districts.
17.03.07 Boundaries. In the event that uncertainties exist with respect to the intended
boundaries of the various districts as shown on the Official Zoning Map(s), the following rules
shall apply:
A. Where boundary lines are indicated as approximately following streets, alleys,
easements, railroads, rivers, streams or bodies of water, such boundaries shall be
construed as following the centerlines thereof or otherwise are construed to coincide
with lot or tract lines, unless otherwise indicated.
B. Where the district boundaries do not coincide with the location of boundaries as stated
in Section 17.03.07.A above, the district boundaries shall be determined by the use of
the scale shown on the zoning map, unless an exact distance is shown.
C. Where a district boundary line divides a lot or unsubdivided property in single ownership,
the regulations for either portion of the lot may, at the owner’s discretion, extend to the
entire lot, but not more than 25 feet beyond the boundary line of the district.
17.03.08 Zoning Maps.
A. The boundaries of the districts described in 17.04 are as indicated on the Official Zoning
Map(s) which is on file with the Zoning Administrator and identified on its face as part of
these regulations. The zoning map(s) with all notations, references and other matters
shown thereon is as much a part of these regulations as if specifically set forth herein.
(See Section 17.09.01.A8 for zoning map(s) certificate and revisions.)
B. It is the intent of these regulations that the entire area of the zoning jurisdiction,
including all the land and water areas, rivers, streets, alleys and railroads and other
right-of-way, be included in the districts established in these regulations. Any area not
shown on the zoning map(s) as being included in any district shall be deemed to be in
the most restrictive district.
17.03.09 Zoning of Right-of-Way. All streets, alleys, public ways, waterways and railroad
right-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone
as the property immediately abutting them. Where the centerline of a street, alley, public way,
waterway or railroad right-of-way serves as a district boundary, the zoning of such areas,
unless otherwise specifically designated, shall be deemed to be the same as that of the
abutting property up to such centerline.
25
General Provisions
General Requirements for All Zoning Districts.
17.03.10 Accessory Structures or Uses. No accessory structures or use, as defined in
Chapter 17.06, shall hereafter be built, altered, extended, enlarged or moved, unless such
accessory structure or use is permitted by Chapter 17.06.
17.03.11 Bulk Regulations. In these regulations, bulk requirements are expressed in terms
of maximum structure height, maximum lot coverage, minimum setbacks and minimum front,
side and rear yards.
No structure, or part thereof, shall hereafter be built, moved or structurally altered and no
structure or land shall hereafter be used, occupied or designed for use or occupancy:
That would exceed the maximum lot coverage percentage or the maximum structure height
specified for the zoning district in which the structure is located, unless exempted by the
definition of maximum height, or
That would provide any minimum setback of a front, side or rear yard that is less than that
specified for the zoning district in which such structure or use of land is located or maintained,
except as front yard setbacks may be applied in Sections 17.03.32 and 17.03.22 and front and
side yard setbacks for nonconforming structures and uses in Chapter 17.08.
Where independent dwelling units are to be sold as condominiums, bulk regulations shall not
apply to individual ownership, but shall be applied to the entire zoning lot.
17.03.12 Conditional Uses. No use of a structure or land that is designated as a conditional
use in any zoning district shall hereafter be established and no existing conditional use shall
hereafter be changed to another conditional use in such district, unless a conditional use as an
exception is approved by the Board of Zoning Appeals as provided for in Section 17.10.09.
(See Section 17.02.09 for definition of CONDITIONAL USE.)
17.03.13 Farmers' Markets, Art and Crafts Markets or Combination Thereof. The
markets, as defined by these Regulations, shall be allowed as a temporary use within the R1-B
Single-Family Residential District in conjunction with a religious institution as well as C-1 and C2 Business districts. The Zoning Administrator may authorize such markets only in allowed
zoning districts, and subject to the following restrictions and limitations.
A. A market must be operated by a designated "market operator" who shall obtain a zoning
permit.
B. Prior to issuance of the zoning permit, the market operator shall provide the Zoning
Administrator with a plot plan that clearly identifies:
1. the approximate dimensions of the area being used;
2. the proximity to buildings, parking lots, right-of-ways or other such areas; and
3. a description of any structure, implement, stand, display prop, or other such items
used for the market, including signs, banners or other attention getting devices.
C. A market shall not occupy any part of the required off-street parking space(s) for a
Principal Use unless such is indicated on the plot plan and approved by the Zoning
Administrator.
D. Vendors whose goods are primarily fresh produce, grains, fruits, garden aqua-cultural
products or other agricultural products, including meat and dairy products, shall account
for no less than 50% of the total number of vendors in any single Farmer's Market or a
combined market.
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General Provisions
E. Markets are temporary in nature and may operate no more than (five or ten) calendar
days per month during the months of April through October and only between the hours
of 6 a.m. and 9 p.m.
F. There shall be no permanent storage allowed upon the site, other than that approved for
a Principal Use.
G. No additional lighting, other than that approved for a Principal Use, shall be allowed.
H. No additional signage, other than that approved for a Principal Use, shall be allowed;
except, as shown in the plot plan approved by the Zoning Administrator.
I.
All electrical connections, erections of temporary structures/tents, etc. shall be in
compliance with applicable City codes and regulations and shall be permitted/licensed
as applicable.
17.03.14 Home Occupations. No home occupation, as defined by Section 17.06.03, shall
hereafter be established, altered, extended, enlarged or moved in any residential district, unless
such home occupation complies with the permitted uses, conditions and use limitations as
provided for in Section 17.06.03.
17.03.15 Lot Sizes.
A. No structure, or part thereof, shall hereafter be built, moved or structurally altered and
no structure or land shall hereafter be used, occupied, arranged or designed for use of
occupancy on a zoning lot, unless otherwise provided for in these regulations, which in
its district is:
1. Smaller area than the minimum area or minimum lot area per dwelling unit required;
2. Narrower than the minimum lot width required; or
3. Shallower than the minimum lot depth required.
B. Where independent dwelling units are to be sold as condominiums, minimum lot size
requirements shall not apply to each individual ownership, but shall be applied
collectively to the common open space surrounding the structure(s) such that the total
open space is an aggregate of the minimum lot area required for each dwelling unit;
however, the minimum lot width and depth for the district shall be applied to the entire
zoning lot.
17.03.16 Off-Street Parking and Loading. No structure shall hereafter be built or moved
and no structure or land shall hereafter be used, occupied or designed for use or occupancy,
unless the minimum off-street parking and off-street loading space required by Chapter 17.05
are provided. No structure or use already established on the effective date of these regulations
shall be enlarged, unless the minimum off-street parking and loading space which would be
required by Chapter 17.05 are provided.
17.03.17 Permitted Uses. No structure shall hereafter be built, moved or structurally altered
and no structure or land shall hereafter be used, occupied or designed for use or occupancy
except for a use that is permitted within the zoning district in which the structure or land is
located or provided for otherwise in these regulations. (See Section 17.02.09 for definition of
PERMITTED USE.)
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General Provisions
17.03.18 Signs. No signs shall hereafter be built, and no existing signs shall be altered,
enlarged or moved, unless such sign complies, or will thereafter comply, with the restrictions
imposed by Chapter 17.07.
17.03.19 Special Uses. No use of a structure or land that is designated as a special use in
any zoning district shall hereafter be established, and no existing special use shall hereafter be
changed to another special use in such district, unless a special use is approved in the same
manner as for an amendment to a zoning district except that the Official Zoning Map is not
amended. The latter procedure is set forth in Section 17.11.02 with the additional requirement
that all conditions further imposed upon the special use be made a part of the effectuating
ordinance. (See Section 17.02.09 for definition of SPECIAL USE.)
17.03.20 Temporary Structures or Uses. No temporary structure or use shall hereafter be
built, altered, extended, enlarged or moved, unless such temporary structure or use is permitted
by Chapter 17.06 of these regulations.
17.03.30 Use Limitations. No permitted, special or conditional use hereafter established,
altered, extended, enlarged or moved shall be operated or designed so as to conflict with the
use limitations for the zoning district in which such use is or will be located. No permitted,
special or conditional use already established on the effective date of these regulations shall be
altered, extended or enlarged so as to conflict, or further conflict with, the use limitations for the
zoning district in which such use is located. (See Sections 17.08.03, 17.08.04 and 17.08.07.)
28
General Provisions
Supplemental Requirements.
17.03.22 Average Setback in Existing Residential Districts.
On streets where a front yard more than that required by these regulations has been
maintained for existing structures on lots having a frontage of 50% or more of the total frontage
on one side of that portion of the street line between two intersecting streets, there shall be
maintained a front yard setback of not less than the average setback of the existing structures;
provided, that these regulations shall not be interpreted to require a front yard setback of more
than 50 feet.
On streets where a front yard less than that required by these regulations has been maintained
for existing structures on lots having a frontage of 50% or more of the total frontage on one side
of that portion of the street line between two intersecting streets, the front yard setback need
not be greater than the average setback of the existing structures; provided, that these
regulations shall not be interpreted to permit a front yard setback of less than 20 feet.
17.03.23 Access to Business and Industrial Districts. No land which is located in a
residential district shall be used for a driveway, walkway or access purpose to any land which is
located in any business or industrial district.
17.03.24 Annexed Land. All land which may hereafter be annexed shall retain its existing
County zoning classification until such time as the property owner, Planning Commission or
Governing Body may file an application for rezoning to a City zoning classification. If such
rezoning is not initiated by the property owner, then the Planning Commission may initiate an
application(s) to determine the proper zoning. Rezoning may also be considered during the
process of annexation. While the Planning Commission may hold their required public hearing
on a rezoning amendment or a special use prior to annexation, the zoning ordinance approving
the amendment or special use cannot be effectuated until the land is first officially annexed by a
separate annexation ordinance. While both ordinances may be published on the same day, the
annexation ordinance must be published first if they are published on separate days. (See
Appendix for Table of Comparability of Zoning Districts.)
17.03.25 Dedication of Right-of-Way and Easements. As a condition related to a rezoning
amendment or a special use, the dedication of additional street right-of-way; easements for
utilities, drainage, access control, fire lanes, building setback lines and other purposes; and the
construction, removal or replacement of public improvements necessary to the proper
development of the property, may be required either by platting or replatting the land according
to the City Subdivision Regulations or, in lieu of platting, by a legal document effectuating such
dedications and improvements. Such condition may be required whether the property is being
divided or held in single ownership. A stated time limit not exceeding one year may be
established to ensure compliance with the above conditions during which time the effectuation
of the zoning amendment or special use having been approved with such conditions by the
Governing Body shall be withheld from publication by the Clerk. Failure to comply with the
conditions during the stated period shall result in making the zoning amendment or special use
null and void. No extension of the time period may be granted without reapplication.
17.03.26 Floodplain Requirements. Within any floodplain area as delineated by the
Federal Emergency Management Agency, no use of land shall commence or no structure shall
hereafter be constructed, structurally altered, extended, enlarged or moved under these
regulations, unless it also complies with the floodplain regulations. (See Article 18, Floodplain
District.)
29
General Provisions
17.03.27 Lot Size Requirements and Bulk Regulations for Utility Facilities.
Notwithstanding any other provision of these regulations, none of the following utility or
communication facilities shall be required to comply fully with the lot size requirements and bulk
regulations of the zoning district in which they are located, except as may be determined by the
Board of Zoning Appeals where a conditional use is required in certain districts and by
subsection three of the definition for height, maximum in Section 17.02.09: (See Section
17.03.01 for Exemptions.)
A. Communication structures.
B. Electric and telephone substations.
C. Gas regulator stations.
D. Pumping stations.
E. Water towers or standpipes.
F. Wind Energy Conversion Systems
17.03.28 Moving Structures. No structure shall be moved into the City, nor from one
location to another location within the City, unless such structure shall, when relocated, be
made to conform fully with these regulations and other codes of the City including any building
codes. No zoning permit shall be issued, unless in the opinion of the Zoning Administrator the
height, age, architectural style and texture of the materials pertaining to the outward
appearance of such structure reasonably conform to other buildings in the block to which it is to
be moved and in the block opposite, to such an extent that its relocation shall not be detrimental
to the appearance or have no substantial adverse effect on property values to the adjacent
properties. (See City ordinance on moving structures.)
17.03.29 Number of Structures and Uses on a Zoning Lot.
A. Whenever a zoning lot is used for a single-family detached or attached dwelling, twofamily dwelling or any type of manufactured or mobile home, only one principal structure
and use may be located on the lot, but only when the structure and use conform to all
requirements of the district in which the lot is located.
B. Whenever a zoning lot is used for other than a residential unit as described in Section
17.03.29.A above, more than one principal structure and use may be located on the lot
in common ownership, but only when the structures and uses conform to all
requirements of the district in which the lot is located.
C. Whenever any structures are developed as condominiums, more than one principal
structure may be located on the lot; provided, the definition of a condominium in Section
17.02.09 is met as well as the requirements of Sections 17.03.15 and 17.03.11.
17.03.30 Permitted Obstructions in Required Yards.
The following shall not be
considered to be obstructions when located in a required yard: (See Section 17.09.02.A.3 for
principal or accessory buildings or structures or uses locating on or projecting over public
easements.)
A. In all yards: Open terraces or patios not over four feet above the average level of the
adjoining ground, but not including a permanent roof over a terrace or patio; awnings;
canopies including islands for petroleum pumps; steps or ramps four feet or less above
30
General Provisions
grade which are necessary for access to a permanent structure or for access to a lot or
to a lot from a street or alley; fire escapes, one story bay windows and overhanging
eaves and gutters projecting 24 inches or less into the yard; chimneys, entrance hoods,
window wells and daylight windows projecting 24 inches or less into the yard; arbors and
trellises; flagpoles and basketball goals; ornamental light or gas fixtures; parking, when
permitted by Chapter 17.05; accessory and temporary uses, when permitted by
Chapter 17.06; signs, when permitted by Chapter 17.07; and when otherwise specifically
permitted by the district regulations. Garages, carports, patio covers, porches, decks
and wing walls are not permitted obstructions. (See Section 17.06.01.B for Required
Zoning Permit.)
B. In any yard except a front yard: Accessory uses permitted by Chapter 17.06;
children's recreational and laundry drying equipment; and open and closed fences not
exceeding six feet in height with additional height permitted for security design
measures. (See Section 17.06.01.B for required zoning permit.)
C. Fences in General:
1. No fence shall be constructed which will constitute a hazard to traffic or a danger to
persons or animals; however, barbed wire fences are permitted to enclose pastures
of one acre (43,560 square feet) or more in size in the A-1 or RR-1 Districts.
2. No such fence shall be constructed of sheet metal or plywood sheets, concrete bags
or any other material other than what is typically installed by a professional fence
installer.
3. A fence shall be kept in an attractive state, in good repair and condition at all times
by the property owner.
4. A fence shall not obstruct any public or private walkway or be within the public rightof-way (back from the paved street).
5. A fence shall not be erected within 25 feet of the intersection of the right-of-way lines
of any public or private street unless it has 75 percent open space.
D. Fences in a front yard: On lots with single or two-family dwellings and all types of
manufactured and mobile homes, a front yard fence shall not exceed four feet in height
and have at least 75% open space. Only chain-link, decorative wrought iron, picket and
split rail fencing shall be permitted. For picket fencing, the maximum width of the pickets
shall be three and one-half inches and the minimum separation of the pickets shall be
three and one-half inches. In all other circumstances, including decorative walls as
perimeter boundaries and entryways to subdivisions, open and closed fences are
permitted which do not exceed six feet in height. Additional security design measures
may be placed above the six feet limitation. (See Section 17.06.01.B for required
zoning permit).
E. Conditional use for fences: The Board of Zoning Appeals may as a conditional use
approve the construction of higher fences and/or less open space in all yards and in any
district if the Board finds that the public welfare is preserved.
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17.03.31 Placement of Portable Storage Containers. The following regulations for
placement of portable storage containers shall apply in the C-1 Central Business, C-2 General
Business and Industrial district:
A. On any zoning lot, one or more portable storage containers may be permitted as
accessory storage to the principal use(s) provided the following conditions are met:
1. The floor area contained in the portable storage containers shall be limited to no
more than 10% of the floor area of the principal use, except that for principal
structures with less than 3,200 square feet in size, the container may be up to 320
square feet in size. In structures with multiple tenants, no single user shall be
permitted more than 10% of the floor area of its use.
2. Portable storage containers shall meet all required setbacks in the zoning district.
3. Screening from residential zoning districts is required. No openings shall face a
public street or adjacent property in a residential zoning district. If the wall(s) match
the predominant material and colors of the existing structure or are a neutral color
that complements and appears inconspicuous against the color of the principal
structure, then additional screening will not be required.
4. Signage on portable storage containers shall be limited to one sign per container,
not exceeding two square feet. The signage shall not be visible from any abutting
street or any adjacent property in a residential zoning district.
5. Vertical stacking of portable storage containers and stacking of other materials or
merchandise on top of any portable storage container shall be prohibited. No
running gear shall be left underneath any portable storage container.
6. No portable storage container shall be placed or located on a required parking
space, circulation aisle, lane/or driveway or fire access lane.
7. Placement of a portable storage container requires a zoning permit application with
a plot plan for an accessory use and a zoning permit to be approved and issued.
8. Exception: Portable storage containers temporarily placed on zoning lots during a
period of ongoing construction on the same zoning lot are exempted from the above
requirements.
17.03.32 Platted Building Setback Lines. If a recorded subdivision plat imposes a building
setback line or a front yard for a lot which is different from the minimum setback or yard
required by the applicable section of these regulations, then, notwithstanding any other
provision of these regulations, the minimum building setback or front yard shall be the same as
that shown on such subdivision plat; provided, that it has been recorded and not otherwise been
officially vacated.
17.03.33 Restrictions on Allocation and Disposition of Required Yards or Open Space.
A. No part of the lot area, or of a yard, or other open space, or off-street parking or loading
space provided in connection with any structure or use in order to comply with these
regulations shall, by reason of change of ownership or otherwise, be included as part of
the minimum lot area, or of a yard, or open space, or off-street parking or loading space
required for any other structure or use, except as specifically provided herein.
B. All of the lot area and all yards and other open spaces provided in connection with any
structure or use in order to comply with these regulations shall be located on the same
zoning lot as such structure or use.
C. No part of the lot area, or of the yard, other open space, or off-street parking or loading
space provided in connection with any structure or use, including but not limited to any
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General Provisions
structure or use existing on the effective date of these regulations or of any amendment
thereof, shall be subsequently reduced below, or further reduced if already less than,
the minimum requirements of these regulations for the equivalent new construction.
17.03.34 Sewer and Water Facilities. All principal structures built hereafter shall be served
by and connected to the City's sewer and water system, if such facilities can be feasibly
provided as may be determined by the Governing Body.
17.03.35 Status of Moving Manufactured or Mobile Homes. Notwithstanding other
provisions of these regulations, the Zoning Administrator is authorized to issue a zoning permit
for various types of manufactured and mobile homes under the following provisions; except,
that all such homes must meet the floodplain district requirements and none may be replaced in
a floodway overlay boundary:
A. Wherever a manufactured or mobile home is moved from a zoning lot within a district in
which it is a permitted use, another manufactured or mobile home meeting the
requirements of the district may be moved onto the lot at any time; provided, such home
shall be skirted or placed on a permanent-type, enclosed perimeter foundation.
B. In the case of a lawful, nonconforming manufactured or mobile home use, if such a
home is moved off a zoning lot, no replacement of a manufactured or mobile home is
permitted other than a residential-design manufactured home as defined in Section
17.02.09 and only in residential districts where such home is permitted.
C. No manufactured or mobile home, or portion thereof, shall be moved onto any lot or
parcel or an existing home converted for storage or any other purpose than for a
residence in any district and no such home shall be temporarily or permanently located
in any district not otherwise permitting such homes. These provisions do not preclude
the use of prefabricated mobile structures designed for offices in business or industrial
districts, but not manufactured/-mobile homes unless specifically permitted.
D. In the event of disasters, such as fires, tornados or floods, whereby expediency is an
important factor, a manufactured home may be located temporarily in any district at the
discretion of the Zoning Administrator with appropriate conditions attached for a stated
period of time.
17.03.36 Screening and Landscaping.
A. Screening and/or landscaping shall be provided when a zoning permit is issued on all
properties developed for multiple-family, Manufactured Home Park and all nonresidential
uses when such uses are established on property within or adjacent to any residential
districts in accordance with standards and procedures as listed below. In anticipation of
a need for screening, such matters are proper subjects to be discussed and, if deemed
desirable, decided at any hearing for a zoning district amendment or a special use. In
addition to the requirement for screening as stated above, screening may further be
required at such a hearing to preserve the value of an existing use or the potential for
future development of any adjacent land or land across a right-of-way.
B. Screening shall be provided along all side or rear lot lines adjacent to such residential
districts.
C. Landscaping shall be provided along a front lot line to the depth of at least 10 feet
whenever such front lot line is adjacent to or across from such residential districts. No
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other uses except driveways and signs as permitted by Chapter 17.07 shall be allowed
in such a landscaped area.
D. Screening shall be provided on all required development sufficient to reasonably hide
from ground level view all loading docks, trash receptacles, outdoor storage, outdoor
display, outdoor working areas, parking spaces and similar uses from such residential
districts.
E. Screening on the side or rear lot line may be reduced in height and intensity in the front
yard area extending to the front lot line, i.e., the street right-of-way; however, screening
shall not be required along such lot lines in that portion of the front yard which may be
landscaped.
F. Whenever properties are developed adjacent to an alley, screening may be omitted at
driveways deemed essential for ingress and egress to uses established on the property.
G. Screening may consist of fencing and/or landscaping provided that such screening will
serve to adequately reduce:
1. The visual effects on the environment caused by adjacent nonresidential or higher
density residential uses
2. Noise
3. Lighting
4. Glare
5. Blowing trash
H. All screening and landscaping shall meet the requirements of the vision triangle in
Section 17.03.37. (See Section 17.02.09 for definition of VISION TRIANGLE.)
I.
Landscaping along the front lot line shall involve bringing the soil surface to a smooth
finished grade and installing sufficient trees, shrubs, ground cover and grass to soften
building lines, provide shade and generally produce a pleasing visual effect of the
premises.
J. The selection of landscape materials shall consider the "mature" growth and habit of
such plants so that vegetation will not overhang or obstruct the public street or a
sidewalk area in such a manner as to conflict with pedestrian and vehicular access.
K. The type of fencing should be compatible with the kind and intensity of the land use and
the architectural style of the development and adjacent properties.
L. Whenever such screening is required, a screening plan for the area shall accompany
the application for a zoning permit. Such plan shall be transmitted to the Planning
Commission for their review and approval prior to the issuance of the zoning permit.
M. The screening plan shall be in such detail as to provide enough information to determine
if the plan meets the above criteria. Such plan shall contain the location, type and
height of any fence and the location, mature size and the type of any plant materials
along with their common and botanical names. The sizing, grading and condition of the
plant materials shall be specified according to the American Association of Nurserymen
Standards.
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N. The Planning Commission may, in its discretion, temporarily or permanently waive the
requirements for screenings and/or landscaping if:
1. The adjacent land use in the residential district may not necessitate nor benefit from
such a requirement; or
2. The adjacent land use may already have provided adequate screening for which
additional screening may be a duplication; or
3. The future land use for the adjacent area can not readily be determined at this time
and that upon mutual agreement of the Planning Commission and the applicant,
screening requirements may be waived and the matter reviewed at a specified date
in the future. In the meanwhile, the Planning Commission shall require that either a
letter of assurance or a covenant be submitted to run with the land; or a guarantee in
the form of a corporate security bond, cashier’s check, escrow account or other
security be submitted to ensure that such requirements will be met when a
determination is made. The Planning Commission may determine the sufficiency of
the assurance based on the length of time anticipated before a decision, the size
and cost of the potential work involved, and the need to ensure that the requirement
is met regardless of any change in ownership.
4. This section shall not prevent the Planning Commission from requiring temporary
screening on all or a portion of a side or rear yard wherein a nonresidential use is
proposed for development adjacent to an existing single-family dwelling and thereby
a potential nuisance or hazard may be created for the homeowner.
O. All plant materials shall be healthy and/or fencing in place prior to issuance of an
occupancy certificate. A temporary certificate may be issued as provided for in Section
17.03.36 without the landscaping installation; provided, written assurances are given
which are satisfactory to the Zoning Administrator that the planting will take place when
the proper season arrives.
P. Maintenance.
1. It shall be the responsibility of the property owner to maintain in good condition all of
the required screening and landscaping improvements on his property. When it is
determined by the Zoning Administrator that improvements required by Section
17.03.36 are not being maintained, it is his duty to give notice in writing to the
property owner. Such notice shall specify in what manner the improvements are in
need of maintenance and a date for compliance. The owner shall have not less than
30 days to comply with the notice; provided, however, that any person aggrieved by
any such order and disagreeing with any of the requirements of the notice may file
an appeal under Section 17.10.07 within the 30-day filing period with the Board of
Zoning Appeals.
2. If the owner of the land has failed, refused or neglected to make the necessary
maintenance repairs within the time of the notice or time designated by the Board,
then the Zoning Administrator shall cause such maintenance to be done to the
property. The cost of maintenance shall be certified by the Administrator to the
Clerk, who shall cause the costs to be assessed against the property on which the
maintenance repairs were made.
P. To assist in reviewing screening and landscape plans, the Planning Commission may
from time to time adopt design criteria in the form of policy statements which may
include illustrations.
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General Provisions
17.03.37 Vision Triangle. On any public or private property at a corner formed by
intersecting public or private streets, it is unlawful to plant any type of landscaping, or allow
natural growth of existing landscaping, or construct a structure or fence that would cause an
obstruction of view within a triangle formed by the centerline of intersecting streets, drawn from
the point of intersection back a distance of not more than thirty (30) feet on roads having a
speed limit of 30 miles an hour and ninety feet on roads having a speed limit greater than 30
miles an hour, except for the following:
A. Vision Triangle regulations shall not apply to existing permanent buildings, public utility
poles, hedges trimmed to a height of less than thirty-three inches above gutter grade,
trees, the limbs of which are at all times kept trimmed of limbs and sucker growth on the
trunk to a height of at least eight feet above the ground level or the limbs of which
overhang the public street and are at all times kept trimmed of sucker growth to a height
of at least thirteen feet six inches above the street level.
B. Plant species not planted in the form of hedge which are so planted and trimmed as to
leave at all times a clear and unobstructed cross view.
C. Any type of fence material, not exceeding four feet in height, with a ratio of one solid
portion for every 4 portions being open space for purposes of nearly unobstructed view.
D. Official warning signs or signals, to places where the contour of the ground is such that
there can be no cross visibility at the intersection or to signs mounted ten-feet or more
above the ground whose supports do not constitute an obstruction.
E. Structures in the C-1 Central Business District
17.03.38 Wind Energy Conversion Systems
A. Statement of Purpose. It is the purpose of these regulations to provide a regulatory
scheme for the construction and operation of Wind Energy Conversion Systems
(WECS) in the City of Valley Center and the surrounding three mile jurisdiction area,
subject to reasonable restrictions, which will promote the conversion of wind energy to
electricity, while preserving the public health and safety.
B. Findings. Valley Center finds that wind energy is an abundant renewable and
nonpolluting energy resource and that its conversion to electricity will help to reduce
dependence on nonrenewable energy resources and thereby decrease the air and water
pollution that results from the use of conventional energy sources. Wind energy systems
also enhance the reliability and power quality of the power grid, reduce peak power
demands and help diversify the state’s energy supply portfolio. It is also recognized that
issues related to aesthetics, safety, noise, and effects on nearby property values are
important in the siting and installation of WECS in Valley Center and the surrounding
area Therefore, it is necessary to standardize and streamline the proper issuance of
permits for WECS so that this clean renewable energy resource can be utilized in a
cost-effective and timely manner.
C. Definitions. The following definitions should be used in the interpretation of this article:
ABANDONED means, without limitation to have ceased to be maintained, discarded,
left deserted, or control of a WECS being given up.
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General Provisions
ACCESSORY USE: A subordinate use which serves as an incidental function to the
main use of the premises. Customary accessory uses include tennis courts, swimming
pools, air conditioners, barbecue ovens and fireplaces.
DISMANTLED: means, without limitation to strip or remove one or more parts
necessary for the operation of or that were originally a part of any WECS.
FALL ZONE: The area defined as the furthest distance from the tower base, in which a
tower and turbine will collapse in the event of a structural failure. This area is no less
than the total height of the structure.
FEEDER LINE: Any power line that carries electrical power from one or more wind
turbines, or individual transformers associated with individual wind turbines to the point
of interconnection with the electric power grid. In the case of interconnection with the
high voltage transmission systems the point of interconnection shall be the substation
serving the WECS.
INOPERABLE: means a condition of being junked wrecked, wholly or partially
dismantled, discarded, abandoned, or unable to perform the functions or purposes for
which a WECS was originally constructed.
JUNKED: means, without limitation, discarded, worthless, unwanted, or dismantled for
use as scrap or parts.
METEOROLOGICAL TOWER: For the purposes of this Wind Energy Conversation
System Regulation meteorological towers are those towers that are erected primarily to
measure wind speed and directions plus other data relevant to siting WECS.
Meteorological towers do not include towers and equipment used by airports, the
Kansas Department of Transportation or other similar applications to monitor weather
conditions.
OWNER, PROPERTY: The person(s) having title to the real property upon which a
WECS is sited.
OWNER, WECS: The person(s) claiming ownership to the WECS and all associated
equipment exclusive of the real estate upon which it is sited.
PROPERTY LINE: The boundary line of the area over which the entity applying for a
WECS permit has legal control for the purposes of installation of a WECS. This control
may be attained through fee title ownership or other appropriate contractual relationship
between the project developer and landowner.
QUALIFIED MAINTENANCE TECHNICIAN: An individual with significant experience in
regular installation and maintenance of similar model WECS units or someone certified
by the manufacturer to perform maintenance and inspections on a particular WECS.
ROTOR DIAMETER: The diameter of the circle described by the moving rotor blades.
ROTOR SWEPT AREA: The area of the circle delineated by the wind generator’s
rotating blades.
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General Provisions
SINGLE WIND TURBINE: shall be defined as a WECS that is dedicated to a single and
particular use. Examples of a single and particular use may include powering a
residence, a cattle watering device, or a center pivot irrigation system. Additionally, a
single and particular use means that the WECS cannot be connected to any other
WECS.
STRUCTURE: Something that is constructed.
TOTAL HEIGHT: The highest point above ground level reached by a rotor tip or any
other part of the WECS. Height is measured where the tower structure or any part of the
concrete basin (whichever is lower) meet with the ground or structures upon which it is
sited (i.e. rooftop).
TOWER: Towers include vertical structures that support the electrical generator, rotor
blades, or meteorological equipment.
TOWER HEIGHT: The total height of the WECS exclusive of the rotor blades. Height is
measured where the tower structure or any part of the concrete basin (whichever is
lower) meet with the ground.
WIND ENERGY CONVERSION SYSTEM (WECS): An electrical generating facility
comprised of one or more wind turbines and accessory facilities, including but not
limited to: power lines, transformers, substations and meteorological towers that operate
by converting the kinetic energy of wind into electrical. The energy may be used on-site
or distributed into the electrical grid.
WIND TURBINE: A wind turbine is any piece of electrical generating equipment that
converts the kinetic energy of wind into electrical energy.
WRECKED: means, without limitation to contain broken, disrupted and disordered parts
or structural materials, or to be impaired to the point of being in unsound condition
D. Wind Energy Conversion System Requirements Wind Energy Conversion Systems
(WECS) may be allowed in zoning districts that require WECS to apply for a special
use-permit, subject to the following requirements:
1. Setback - The base of the tower shall be set back from all property lines, public
right-of-ways and public utility lines a distance equal to 1.1 times the total height. If a
variance for a less restrictive setback is requested, the special use permit application
shall so state, as required by this Code pertaining to variance requests, and it shall
be considered by the Board of Zoning Appeals at the time of the special use permit.
2. Tower Height - So long
requirements, there shall
not exceed 125 feet.
Administration in certain
height limitation.
as the total extended height meets sound and setback
be no specific height limit as long as the total height does
Height limitations imposed by the Federal Aviation
areas of the City of Valley Center shall supersede this
3. Sound - Audible noise due to WECS operations shall not exceed fifty-five (55) dBA
or 10 decibels greater than ambient noise levels, measured at the nearest wall of a
residential dwelling unit or otherwise occupied structure. Sound levels may be
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General Provisions
exceeded during short-term events out of anyone's control such as utility outages
and/or severe wind storms.
4. Engineered Drawings - Building permit applications for WECS shall he accompanied
by standard drawings of the wind turbine structure and stamped engineered
drawings of the tower, base, footings, and/or foundation as provided by the
manufacturer.
5. FAA Regulations - No WECS shall be constructed, altered, or maintained so as to
project above any of the imaginary airspace surfaces described in FAR Part 77 of
the FAA guidance on airspace protection.
6. Compliance with National Electric Code - Applications for WECS shall be
accompanied by a line drawing of the electrical components in sufficient detail to
allow for a determination that the manner of installation conforms to the National
Electric Code.
7. Utility Notification - No WECS shall be installed until the utility company has been
informed of the customer’s intent to install an interconnected customer-owner
generator.
8. Insurance - Additional insurance beyond the property owners' or homeowners'
coverage shall not be required by this regulation.
9. Abandonment - The governing body of the city finds that junked, wrecked,
dismantled, inoperable and abandoned WECS in and upon private real property
within the city is a matter affecting the health safety and general welfare of the
citizens of the city. If a WECS is inoperable for six consecutive months, the property
owner shall be notified that they must, within six months of receiving notice, restore
their system to operating condition. If the property owner fails to restore their system
within the six-month time frame, said owner shall be required, at his expense, to
remove the wind turbine from the tower. The tower shall then be subject to the
provisions of City ordinances pertaining to nuisances.
10. Signage - All signs, other than the manufacturer’s or installer’s identification,
appropriate warning signs, or owner identification on a wind generator, tower,
building, or other structure associated with a wind energy system visible from any
public road or adjacent property, shall be prohibited.
11. Lighting - No illumination of the turbine or tower shall be allowed unless required by
the FAA.
12. Access - Any climbing apparatus below 12 feet of a freestanding tower shall be
removed to prevent unauthorized climbing. For lattice or guyed towers, the bottom
tower section must be secured such that it cannot readily be climbed.
13. Whenever the WECS and/or the property upon which the WECS is sited are
transferred to new ownership, all requirements and responsibilities pertaining to the
WECS are transferred to the new ownership.
14. The special use permit application shall be accompanied by a certified survey and a
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General Provisions
plot plan which must include the following:
a. Property lines and physical dimensions of the property
b. Location, dimensions, and types of existing major structures on the property
c. Location of the proposed wind system tower(s)
d. The right-of-way of any road that is contiguous with the property
e. Any overhead utility lines
f. Wind system specifications, including manufacturer and model, rotor diameter,
tower height, tower type (free standing or guyed)
g. Tower foundation blueprints or drawings
h. Tower blueprints or drawings
i. Topography
E. Review. The special use permit shall be reviewed by the Board of Zoning Appeals only
after a review of the Future Land Use Map and Comprehensive Plan by the Planning
Commission which may make comments pertaining to the application to the Board of
Zoning Appeals.
F. Waiver of setbacks.
1. Property owners may receive a waiver of the setback requirements as set forth
above by submitting a request with the special use permit application that sets forth
the applicable setback provision(s) and the proposed changes. All such waivers
must be approved by the Board of Zoning Appeals during the special use permit
application process.
2. The written waiver shall notify the property owner(s) of the setback required by this
regulation, describe how the proposed WECS is not in compliance, and state that
consent is granted for the WECS to not be setback as required by this regulation.
3. Any such waiver shall be recorded with the Sedgwick County Register of Deeds. The
waiver shall describe the properties benefited and burdened, and advice all
subsequent purchasers of the burdened property that the waiver of setback shall run
with the land and may forever burden the subject property.
4. Upon future application, the City of Valley Center may waive the setback variance
approved by the Board of Zoning Appeals for public roads for good cause.
17.03.39 Yard Requirements for Open Land. If a zoning lot is, or will be, occupied by a
permitted use without structures, then the minimum front, side and rear yards that would
otherwise be required for the zoning lot shall be provided and maintained, unless some other
provision of these regulations requires or permits a different minimum front, side or rear yard.
Such yards shall not be required on zoning lots used for open public recreation areas.
17.03.40-17.03.99 Reserved
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A-1 Agricultural District
Chapter 17.04: ZONING DISTRICTS
17.04.01 Permitted Uses in All Districts.
A. Off-street parking and loading as required by Chapter 17.05.
B. Accessory and temporary uses and home occupations as permitted b Chapter y 17.06.
C. Signs as permitted by Chapter 17.07.
17.04.02 A-1 Agricultural District. This district is established to accommodate existing uses
and to serve as an interim zone following a period of annexation of a predominantly agricultural
or undeveloped area which may also contain scattered, low density residential land uses.
Selected uses are included which may be compatible in such a district at certain locations.
A. Permitted Uses.
1. Single-family detached dwellings, modulars and residential-design manufactured
homes.
2. Religious Institution
3. Wind Energy Conversion Systems
4. Golf courses, including accessory clubhouses, but not driving ranges and miniature
golf courses operated for commercial purposes.
B. Special Uses.
1. Public buildings erected or land used by any agency of a city, township, county or
state government.
2. Airports, heliports, ultralite landing areas and aircraft landing fields, publicly and
privately owned. (See Section 17.02.09 for definition of AIRPORT.)
3. Animal clinics or hospitals with outside runs when permitted.
4. Campgrounds subjected to the following regulations and accompanied by a plot
plan:
a. Campgrounds shall be utilized only for the accommodations of camping trailers,
tents and other similar camping vehicles, and under no circumstances shall a
campground be utilized for the occupancy of manufactured or mobile homes.
b. The tract to be used for a campground shall not be less than two acres in area
and be located on well-drained site, properly graded to insure rapid drainage and
freedom from stagnant pools of water.
c. Campgrounds shall have a maximum density of 20 camping spaces per gross
acre, a minimum area of 1,250 square feet for each space, and maintain a
setback of no less than 25 feet from any public street or highway right-of-way or
property line.
d. If deemed necessary to screen adjoining property and provide privacy to the
campground, a solid or semi-solid fence or wall at least six feet high, but not
more than eight feet high, may be required. In lieu of a fence or wall, a
landscape buffer may be provided not less than 20 feet in width and planted with
coniferous and other plant materials. The fence, wall or landscape buffer shall
be properly maintained by operator.
e. The campgrounds shall have an accessible, adequate, safe and potable water
supply and, if a public water supply is reasonable available to the campgrounds,
it shall be used. Also, it must have an adequate method for on-site sewage
disposal as provide for in these regulations; however, if a public sewer system is
reasonable available, it shall be used.
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Zoning Districts-A-1 Agricultural District
f.
The campground and any service buildings and refuse disposal systems must be
maintained in a clean, sanitary condition and kept free of any condition that will
harm the health of the occupants or the public or constitute a nuisance.
5. Cemeteries, including crematories and mausoleums, private or public.
6. Commercial development of natural resources and extraction of raw materials such
as rock, gravel or sand; provided that fencing may be required where deemed
necessary and that it is the intent of these regulations to require an orderly
continuing use of all land permitted to be excavated for its resources. At the time an
application is made for a special use, the applicant shall submit a general plan for
restoration of the area to be excavated or to be used in any way as part of the
operations. A special use amendment shall be required for all new or expanded
operations or reopening or previously abandoned operations. Information to be
submitted with the application includes the following: (See Section 17.06.03.J for
temporary permits for County and state extraction of rock, gravel or sand for road or
highway projects.)
a. A plan showing the boundary of the entire tract, vehicular access routes and
surfacing, prevailing wind directions, existing and proposed street right of way,
easements, water bodies, mining area and proposed fencing.
b. A general plan of operation, including blasting hours, removal plan and hours of
operation.
c. A plan showing the finished topography of the restored areas including grades
and slopes.
d. A general timing for restoring the various excavation pits and overburden for a
continuing use.
e. Amount and type of planting to be done on the restored area or other approved
restoration uses or methods.
7. Fraternal and/or service clubs.
8. Privately owned, seasonal or temporary or permanent parks and recreational areas
such as:
a. adult and family retreat areas
b. archery ranges
c. gun clubs
d. musical festivals
e. polo fields
f. rodeos
g. youth camps
9. Boarding stables, riding stables and academies, provided that no structure housing
horses shall be located nearer than 300 feet to the boundary of any urban type
residential district. Urban residential district are R1A Single-Family Residential
District; R-2 Single-Family Residential; R-3 Two-Family Residential District and R-4
Multiple-Family Residential District.
10. Roadside stands for the sale of agricultural products by an operator other than the
producer of the product.
11. Gas and Oil Wells
12. Other special uses not specifically listed as permitted, special or conditional use, but
which are keeping with the intent of Section 17.04.02 and compatible with the uses
permitted in Section 17.04.02.A.
42
A-1 Agricultural District
C. Conditional Use.
1. Accessory apartments.
2. Bed and breakfast homes and inns.
3. Dog kennels for boarding, breeding and training and for hobbies. (See Section
17.02.09 for definitions and standards.)
4. Earth-sheltered dwellings, provided that the design is compatible with adjacent
properties including such items as drainage, parking and accessory structures
5. Utility substations, pumping stations and water towers, publicly and privately owned.
(See Section 17.03.27 for Lot Size and Bulk Regulations.)
D. Lot Size Requirements.
1. Minimum lot area: 40,000 square feet with or without a public water supply and an
alternative sewer system. 80,000 square feet with or without a public water supply
and a septic tank system. 217,800 square feet with or without a public water supply
and a wastewater lagoon.
2. Minimum lot width: 100 feet.
3. Minimum lot depth: 125 feet.
D. Bulk Regulations.
1. Maximum structure height: 35 feet.
2. Yard requirements:
a. Minimum front yard: 30 feet on all sides abutting a street.
b. Minimum side yard:
1)
Residential buildings: 10 feet on both sides.
2)
All other uses: 15 feet on both sides.
c.
Minimum rear yard: 25 feet
3. Maximum lot coverage: 30%.
F. Use Limitations.
1. Outdoor storage shall be permitted as defined by Section 17.02.09 for goods and
materials as accessory uses related to the operation of the principal use.
2. Animal husbandry, including the maintenance of horses, cows, swine, goats, cats,
dogs, rabbits, chinchillas, guinea pigs, pigeons, poultry and the like; unless such
animals or fowl are otherwise permitted by City laws or regulations.
43
44
Zoning Districts-A-1 Agricultural District
RR-1 Suburban Residential District
17.04.03 RR-1 Suburban Residential District. This district is established for the purpose of
low-density single-family dwelling units with either public sewerage or water supply where
available or private sewerage or water system and to allow certain community facilities. It is
intended that no uses be permitted in this district that will tend to devalue property for
residential purposes or interfere with the health, safety, order or general welfare of persons
residing therein. Regulations are intended to control density of population and to provide
adequate open space around buildings and structures to accomplish these purposes.
A. Permitted Uses.
1. Single-family detached dwellings, modular and residential-design manufactured
homes and group homes as defined in Section 17.02.09.
2. Religious Institution (see Section 17.02.09 for definition)
3. Golf courses, including accessory clubhouses, but not driving ranges and miniature
4. Existing Airports
B. Special Uses.
state government.
2. Airports, heliports, ultralite landing areas and aircraft landing fields, publicly and
privately owned.
3. Oil and gas wells
4. Other special uses not specifically listed as permitted, special or conditional use, but
which are keeping with the intent of Section 17.04.03 and compatible with the uses
permitted in Section 17.04.03.A.
C. Conditional Uses.
1. Accessory apartments. (See Section 17.02.09 for definition of ACCESSORY
APARTMENT.)
2. Adult and child care centers and preschools.
3. Bed and breakfast homes.
4. Dog Kennel for boarding, breeding and training and for hobbies. (See Section
17.02.09 for definitions and standards.)
properties including such items as drainage, parking and accessory structures
7. New Airports
1. Minimum lot area:
a. Residential building lot area, based on the sewer system, is as follows:
1) 12,000 square feet with clustered alternative sewer system and a public
water supply.
2) 20,000 square feet with an alternative sewer system or septic tank system
and a public water supply.
3) 40,000 square feet with alternative sewer system or septic tank system and
without a public water supply.
4) 217,800 square feet with a lagoon system and with or without a public water
system.
5) All other land uses: 12,000 square feet
45
RR-1 Suburban Residential District
b. Minimum lot width:
1) Residential buildings: 80 feet.
2) All other land uses: 80 feet.
c. Minimum lot depth: 100 feet.
E. Bulk Regulations.
1) Residential buildings: 10 feet on both sides.
2) All other non-residential uses: 15 feet
c. Minimum rear yard: 25 feet for principal buildings, and 10 feet for accessory
structures, except that garages with entrances facing alleys shall be set back at
least 20 feet.
F. Use limitations.
1. No outdoor storage shall be permitted as defined by Section 17.02.09. (See Section
17.02.09 for definition of SALVAGE YARD.)
2. Animal husbandry, including the maintenance of horses, cows, swine, goats, cats,
dogs, rabbits, chinchillas, guinea pigs, pigeons, poultry and the like; unless such
animals or fowl are otherwise permitted by City laws or regulations. (See Section
17.02.09 for definition of AGRICULTURE)
46
R-1A Single Family Residential District
17.04.04 R-1A Single-Family Residential District. This district is established for the
purpose of low density single-family dwelling units with both public sewerage and water supply
where available and to allow certain community facilities. It is intended that no uses be
permitted in this district that will tend to devalue property for residential purposes or interfere
with the health, safety, order or general welfare of persons residing therein. Regulations are
intended to control density of population and to provide adequate open space around buildings
and structures to accomplish these purposes.
A. Permitted Uses.
1. Single-family detached dwellings and residential-design manufactured homes and
group homes as defined in Section 17.02.09.
3. Golf courses, including accessory club houses, but not driving ranges and miniature
4. Public and private schools: Educational buildings for primary, intermediate and
secondary schools including administrative centers, transportation centers,
recreation areas, spectator sports facilities and the like. All such uses must be
located on land which is platted according to the City Subdivision Regulations.
B. Special Uses.
state government.
2. Cemeteries, private or public.
3. Airports. (See Section 17.02.09 for definition of AIRPORT.)
1. Accessory apartments. (See Section 17.02.09 for definition of ACCESSORY
APARTMENT.)
properties including such features as drainage, parking and accessory structures.
5. Swimming, tennis, racquetball and similar recreational club activities and related
clubhouses.
C. Lot Size Requirements.
a. Residential buildings: 10,000 square feet.
b. All other uses: 10,000 square feet.
2. Minimum lot width:
a. Residential buildings: 80 feet.
b. All other uses: 80 feet.
47
District
R-1A Single Family Residential
D. Bulk Regulations.
2) All other non-residential uses: 15 feet on both sides.
c.
Minimum rear yard: 25 feet for principal buildings, and 10 feet for accessory
least 20 feet.
E. Use limitations.
1. No outdoor storage shall be permitted as defined by Section 17.02.09.
48
R-1B Single Family Residential District
17.04.05 R-1B Single-Family Residential District. This district is established for the
purpose of medium density single-family dwelling units with both public sewerage and water
supply and to allow certain community facilities. It is intended that no uses be permitted in this
district that will tend to devalue property for residential purposes or interfere with the health,
safety, order or general welfare of persons residing therein. Regulations are intended to control
density of population and to provide adequate open space around buildings and structures to
accomplish these purposes.
A. Permitted Uses.
1. Single-family detached dwellings and residential-design manufactured homes and
group homes as defined in Section 17.02.09.
4. Public and private schools, such as educational buildings for primary, intermediate
and secondary schools including administrative centers, transportation centers,
recreation areas, spectator sports facilities and the like. All such uses must be
located on land which is platted according to the City Subdivision Regulations.
5. Existing Airports
B. Special Uses.
state government.
1. Accessory apartments (See Section 17.02.09 for definition of ACCESSORY
APARTMENT.)
properties including such features as drainage, parking and accessory structures.
clubhouses.
7. Future Airports
a. Residential buildings: 6,500 square feet.
b. All other uses: 9,000 square feet.
a. Residential buildings: 60 feet.
49
R-1B Single Family Residential District
a. Minimum front yard: 25 feet on all sides abutting a street, except that on a corner
lot one of the front yards may be reduced to 15 feet; provided, that a driveway to
a parking space must maintain a length of at least 20 feet from the front lot line.
3) Minimum rear yard: 20 feet for principal buildings, and 10 feet for accessory
structures, except that garages with entrances facing alleys shall be set back
at least 20 feet.
F. Use limitations.
50
R-2 Two-Family Residential District
17.04.06 R-2 Two-Family Residential District. This district is established to permit medium
density two-family dwelling units with both public sewerage and water supply and to allow
certain community facilities. It is not intended generally for single-family residential use, except
as incidental to the area.
A. Permitted Uses.
1. Any permitted uses allowed in the R-1B Residential District.
2. Single-family attached, not exceeding two, and two-family dwellings.
B. Special Uses.
1. Any special uses allowed in the R-1B Residential District.
1. Any conditional uses allowed in the R-1B Residential District, except earth-sheltered
housing.
a. Single family detached residential: 6,500 square feet.
b. Single-family attached, and two-family dwellings: 8,000 square feet.
c. All other non-residential uses: 10,000 square feet.
a. Residential buildings: 70 feet. If a lot is split with zero side lot line, 35 feet
a. Minimum front yard: 25 feet on all sides abutting a street, except that one of the
front yard may be reduced to 20 feet.
1) Single family detached residential: 6 feet on both sides.
2) Attached two-family and two-family dwelling: 6 feet on each side, none for
the common lot line of an attached dwelling.* (See Section 17.02.09 for
definition of DWELLING, ATTACHED.)
least 20 feet.
F. Use limitations.
*See City Subdivision Regulations for procedures to approve lot splits.
51
52
R-2 Two-Family Residential District
R-3 Multi-Family Residential District
17.04.07 R-3 Multiple-Family Residential District. This district is designed to permit various
types of medium density multiple-family dwelling units with both public sewerage and water
supply with compatible community facilities and certain special and conditional uses, yet retain
a basic residential quality. It is not intended generally for single-family residential use, except
as incidental to the area.
A. Permitted Uses.
1. Any permitted uses allowed in the R-1B Residential District.
2. Multiple-family dwellings.
4. Boarding or rooming houses.
B. Special Uses.
1. Any special uses allowed in the R-1B Residential District, except cemeteries.
2. Group homes which exceed the number of persons permitted by the definition in
Section 17.02.09.
3. Hospitals, but not animal clinics or mental hospitals.
4. Multiple dwelling units for the elderly and handicapped whereby density and parking
requirements may be varied from the standards otherwise required by these
regulations.
5. Nonprofit institutions for educational, philanthropic or charitable purposes, but not
mental or penal institutions.
6. Nursing and convalescent homes.
7. Retirement centers and assisted living facilities.
1. Any conditional uses allowed in the R-1B Residential District.
a. Single-family dwellings: 6,500 square feet.
b. Single-family attached and two-family dwellings: 8,000 square feet.
c. Multiple-family attached dwelling units: 3,000 square feet per dwelling unit.
d. All other uses: 9,000 square feet.
a. Single-family dwellings: 60 feet.
3. Two-family dwellings: 70 feet. If a lot is split with zero side lot line, 35 feet
a. Multiple-family dwellings: 90 feet.
53
R-3 Multi-Family Residential District
1) Single-family dwellings: 6 feet.
2) Single-family attached and two-family dwellings: 6 feet on each side; none for
the common lot line of an attached dwelling.* (See Section 17.02.09 for
definition of DWELLING, ATTACHED.)
3) Multiple-family dwellings: 7 feet.
least 20 feet.
F. Use limitations.
___________
*See City Subdivision Regulations for procedures to approve lot splits.
54
MH-1 Manufactured Home Park District
17.04.08 MH-1 Manufactured Home Park District. This district is established to provide for
new or the expansion of medium density manufactured home parks with both public sewerage
and water supply. Homes must be located on leased spaces and will not be allowed on
individually owned zoning lots. Parks may be further governed by any applicable Manufactured
or Mobile Home Park Regulations.
A. Permitted Uses.
1. Manufactured home parks with all types of manufactured and mobile homes which
were built within the last 15 years. All existing manufactured and mobile homes not
meeting this standard will become legal, nonconforming structures on their
respective spaces at the effective date of these regulations. Related facilities for
the residents may include:
2. Child care centers and preschools and day care homes.
3. Recreational facilities such as playgrounds, swimming pools, tennis courts,
shuffleboards, ball fields and lakes providing boating and fishing.
4. Recreation or community buildings, washrooms, rest rooms, laundry facilities, storm
shelters, outdoor storage areas for vehicles and offices for the park.
B. Special Uses. None.
C. Conditional Uses. None.
D. Lot Size Requirements for Parks.
1. Minimum lot area for parks: 80,000 square feet.
2. Minimum lot width for parks: 150 feet.
3. Minimum lot depth for parks: None.
E. Bulk Regulations for Parks.
b. Minimum side yard: 15 feet, unless otherwise established by the standards of
Section 17.04.08F.
c. Minimum rear yard: 15 feet, unless otherwise established by the standards of
Section 17.04.08F.
d. Maximum lot density: Seven homes per gross acre.
F. Standards for Parks. Each park shall be designed so as to comply with the following
standards:
1. The applicant for a new or for the expansion portion of an existing park shall submit
an application for rezoning accompanied by a development plan and shall present
three copies of the plan for review by the Planning Commission and approval by the
Governing Body. The plan shall show topography and the location and size of:
a. Spaces for homes
b. Service buildings
c. Off-street parking areas
d. Driveways
e. Electrical outlets
f. Water lines and outlets
g. Sidewalks
55
MH-1 Manufactured Home Park District
h. Sewer lines and outlets
i. Recreational areas
j. Landscaped areas and walls or fences
2. Storm water drainage.
3. The park shall be located on a well-drained site which is properly graded to insure
rapid drainage and freedom from stagnant pools of water.
4. The park shall provide spaces which shall be clearly delineated. No single space
shall contain less than 4,000 square feet nor have a width less than 40 feet. Each
space shall provide for at least two on-site parking spaces.
5. Homes shall be located so that there is at least a 20-foot clearance between homes;
provided, however, with respect to homes parked end-to-end, the clearance shall not
be less than 10 feet. No home shall be located less than five feet from the interior
driveway of the park.
6. All spaces shall abut on an interior driveway that is not less than 30 feet in width.
Such driveways shall have unobstructed access to a public street and shall as a
minimum standard have a graveled surface which is well-maintained and adequately
lighted.
7. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct
light on any property located in any other residential district.
8. Each park is encouraged to layout at least 10% of its net area to provide for the
recreational use and enjoyment of the occupants of the park. Required perimeter
yards and vehicular driveways shall not be counted in computing such areas.
9. Park owners are encouraged to provide a landscaped buffer area and a storm
shelter for the residents. Unless otherwise buffered, a solid fence not less than six
feet high shall be required to provide proper screening for adjacent existing and
potential land uses and for privacy and protection in the park.
10. Each park having 10 or more spaces must have an approved FEMA storm shelter.
11. All electric distribution systems, plumbing systems and telephone service systems to
each space, except outlets and risers, shall be underground. At least one 120 volt
electrical service outlet and one 240 volt outlet shall be provided.
12. All spaces shall be provided with both public sewerage and water supply and no onsite facilities are permitted.
13. In all other respects, parks shall comply with all of the applicable statutes of the
State of Kansas including the requirements for tie-downs and all applicable
ordinances and regulations of the City including building codes; however, the latter
do not apply to the actual construction of any type of manufactured or mobile home.
G. Unused Manufactured Home Park. Whenever a property, zoned for the MH-1 District
ceases to be used for such purposes for a period of two years, the City may initiate an
application to rezone such property to some other district compatible with the
neighborhood area.
56
C-1 Central Business District
17.04.09 C-1 Central Business District. This district is established to group the main retail
merchandising activities into a concentrated area serving the general shopping needs of the
City and its trade area. The grouping of related activities which are compatible is intended to
strengthen the Central Business District.
A. Permitted Uses.
1. Animal hospitals and clinics limited to the care, treatment and grooming of small
animals, where all activities take place within a completely enclosed building.
2. Antique, gift shops and florist.
3. Bakeries, including retail and wholesale sales.
4. Barber and beauty shops.
5. Business and professional offices and financial institutions, including drive-up
windows.
6. Bus stations and taxi stands.
7. Department and variety stores (see Section 17.02.09 for definition)
8. Dwelling units constructed in conjunction with, but above the first floor of business
establishments.
9. Garden, furniture, appliance and hardware stores (see Section 17.02.09 for
definition of GARDEN STORE and Section 17.04.10.F.3 for outdoor display and
storage)
10. Grocery and convenience stores for food and related items.
11. Hotels, motels and bed and breakfast homes and inns.
12. Laundries and dry cleaning establishments, including self-service.
13. Newspaper, publishing and printing firms.
14. Parking lots or parking garages.
15. Outdoor Cafes in conjunction with Restaurants
16. Restaurants, but not drive-ins.
17. Motion Picture Theatre
18. Retail stores. (See Section 17.02.09 for definitions of RETAIL and STORE.)
19. Self-service laundries.
20. Service establishments with not more than 10 employees.
21. Service businesses such as repairing watches, jewelry, shoes, office machines and
appliances; dress making and tailor shops; barber and beauty shops; locksmiths;
and the like.
22. Single-family attached, not exceeding two, and two-family dwellings.
23. Multiple-family dwellings.
24. Studios: art, music, dance, photographic and radio or television broadcasting.
B. Special Uses.
1. Public buildings erected or land used by any agency of a city, county or state
government.
2. Manufacturing establishments, limited. (see Section 17.02.09 for definition of
MANUFACTURING, LIMITED)
3. Technical and business schools with related off-street parking space.
4. Other Special uses not specifically listed as a permitted special or conditional use,
but which are in keeping with the intent of Section 17.04.09 and compatible with the
uses permitted in Section 17.04.09A.
57
C-1 Central Business District
1. Accessory apartments (see Section 17.02.09 for definition of Accessory Apartment)
3. Amusement centers.
4. Commercial recreational activities both indoor and outdoor.
1. Minimum lot area: None.
a. Minimum front yard: None
b. Minimum side yard: None, but if one is provided, it shall not be less than 5 feet.
c. Minimum rear yard: None, but if one is provided, it shall not be less than 5 feet.
3. Maximum lot coverage: A building, structure or use may occupy all that portion of the
lot not otherwise required for the yard regulations.
F. Use Limitations.
1. All business, servicing, storage and display of goods; except for small recycling
collection centers, shall be conducted within completely enclosed structures or
screened from public view, unless approved as a conditional use by the Board of
Zoning Appeals or as part of an application for a special or other conditional use.
58
C-2 General Business District
17.04.10 C-2 General Business District. This district is established to provide for certain
retail sales and for service establishments not generally located in the Central Business District
because of their need for space, the particular nature of their operations and their accessibility
to the motoring public. Off-street parking is required and also screening in order to reduce
possible adverse environmental effects on adjacent residential properties.
A. Permitted Uses.
1. Animal hospitals and clinics including outdoor facilities when permitted. (See
Section 17.04.10.F.3 for outdoor facilities.)
2. Auction houses.
3. Automobile service stations.
4. Automobile, small truck and motorcycle salesrooms, repairs and refinishing services.
(See Section 17.04.10.C.7 for repair garages and Section 17.04.10.C.10 for outside
sales lots.)
5. Barber and beauty shops.
6. Business and professional offices and financial institutions.
7. Car washes.
8. Department and variety stores. (See Section 17.02.09 for definition.)
9. Garden, furniture, appliance and hardware stores. (See Section 17.02.09 for
definition of GARDEN STORE and Section 17.04.10.F.3 for outside display and
storage.)
10. Grocery and convenience stores for food and related items.
11. Liquor stores.
12. Outdoor Cafes in conjunction with Restaurants
13. Rental centers including appliances, furniture, tools and construction equipment.
(See Section 17.04.10.F.3 for outside storage.)
14. Restaurants, but not drive-in establishments. (See Section 17.04.10.C.4 for drive-in
establishments.)
16. Motion Picture Theatre
17. Service establishments with not more than 10 employees.
B. Special Uses.
1. Public buildings erected or land used by any agency of a city, county or state
government.
2. Clubs and taverns.
3. Manufacturing establishments, limited. (See Section 17.02.09 for definition of
MANUFACTURING, LIMITED.)
4. Sexually oriented businesses as defined by K.S.A. 12-770(a) 2-15.
5. Other uses not specifically listed above as a permitted, special or conditional use,
but which are in keeping with the intent of Section 17.04.10. and compatible with the
uses permitted in Section 17.04.10.A.
59
C-2 General Business District
1. Amusement centers.
2. Commercial recreational activities both indoor and outdoor.
3. Contracting shops for plumbing, electrical, heating and air conditioning, wood
working and the like with outside storage when permitted. (See Section 17.04.10.F.3
for outside operations and storage.)
4. Drive-in establishments.
5. Drive-in Theatres
6. Food vending trailers
7. Garages, repair
8. Large recycling collection centers. (See Section 17.02.09 for definition of
RECYCLING CENTER.)
9. Mini-storage facilities for inside rental storage only.
10. New and used car lots including the sale of vans, small trucks, recreational vehicles,
motor homes and boats.
11. Utility substations and water towers. (See Section 17.03.27 for Lot Size and Bulk
Regulations.)
1. Minimum lot area: 5,000 square feet.
E. Bulks Regulations.
3. Minimum front yard: 35 feet on all sides abutting a street.
4. Minimum side yard: 5 feet.
5. Minimum rear yard: 10 feet.
zoning lot not otherwise required for off-street parking or the yard regulations.
F. Use Limitations.
1. No new building shall be used for residential purposes, except for the use of the
owner or operator of a business located on the premises.
2. Exterior lighting fixtures shall be shaded so as to limit direct light from being cast
upon any property located in a residential district.
3. All business, servicing, storage and display of goods; except for the operation of car
washes, the sale of self-service gasoline and the operation of automobile service
stations, shall be conducted within completely enclosed structures or screened from
public view, unless approved as a conditional use by the Board of Zoning Appeals or
as part of an application for a special or conditional use.
60
I Industrial District
17.04.11 I Industrial District. This district is established for all types of industrial uses that
are consistent with the capacity and availability of public and private services; and create limited
environmental problems in the way of sound, glare, dust, smoke, odor, vibration or the use or
storage in quantity of dangerous materials. Certain environmentally obnoxious or hazardous
uses will require a special or conditional use permit to locate in this district.
A. Permitted Uses.
1. Animal hospitals and clinics including outdoor facilities.
2. Auction houses.
3. Agricultural feed, seed and fertilizer mixing, sales and storage.
4. Agricultural implements, sales and service.
5. Automobile, truck, motorcycle and recreational vehicle sales, repair and refinishing
including garages.
6. Bottling works.
7. Building material sales, except for concrete and asphalt mixing plants.
8. Contractor's offices and equipment storage yards.
9. Dog kennels. (See Section 17.02.09 for definition and standards for (DOG
KENNELS.)
10. Dry cleaning and/or laundry plants.
11. Food production and frozen food lockers.
12. Greenhouses, hydroponic farming and nurseries, retail and wholesale.
13. Manufacturing operations including sheet metal and machine shops.
14. Machinery sales, repairs and storage.
15. Monument manufacturing and sales.
16. Printing and publishing firms.
17. Rental centers.
18. Sign printing and manufacturing.
19. Truck terminals and truck stops.
20. Upholstery shops.
21. Utility substations, transmission towers, and water towers.
22. Warehouses and mini-storage facilities including outside storage.
23. Wholesale merchandise sales and storage.
24. Manufactured or mobile home, modular home and recreation vehicle manufacturing,
sales, service and storage.
25. Manufacturing, processing or fabrication establishments which are not noxious or
offensive by reason of vibration, noise, dust, fumes, gas, odor or smoke.
26. Storage yards, but not salvage yards, providing the storage yard is completely
enclosed with at least a six foot solid fence or wall.
27. Publicly owned Buildings and operations
B. Uses Not Permitted.
1. Acid manufacture.
2. Cement, lime, gypsum or plaster of Paris manufacture.
3. Creosote or tar treatment.
4. Distillation of bones.
5. Explosives manufacture or storage, including fireworks.
6. Fat rendering.
7. Fertilizer manufacture.
8. Garbage, offal or dead animal incineration or reduction.
9. Glue or soap manufacture.
61
10. Primary smelting of base metals from ore.
11. Stockyards and slaughter houses.
12. Tanning, curing or storage of rawhides or skins.
13. Petroleum and natural gas refining and processing
C. Special Uses.
1. Public buildings erected or land used by any agency of a city, or a township, county
or state government.
2. Gas and Oil Wells
3. Other uses not specifically listed as a permitted, special or conditional use, but which
are in keeping with the intent of Section 17.04.11 and compatible with the uses
permitted in Section 17.04.11.A. Such other uses may also include retail and
service businesses which provide a particular service to the industrial uses or serve
as a convenience to the employees thereof.
4. Public and private hazardous waste facilities. (See Section 17.02.09 for definition of
HAZARDOUS WASTE FACILITY.)
5. Gas and Oil wells
6. Other uses not specifically listed as a permitted, special or conditional use, but which
are in keeping with the intent of Section 17.04.12 and compatible with the uses
permitted in Section 17.04.12A. Such other uses may also include retail and service
businesses which provide a particular direct service to the industrial uses or serve as
a convenience to the employees thereof.
7. Welding shops.
D. Conditional Uses.
1. Large recycling collection centers. (See Section 17.02.09 for definition of
RECYCLING CENTER.)
3. Asphalt and concrete mixing plants.
4. Bulk storage for retail or wholesale distribution and not used as an accessory part of
a normal manufacturing process of such items as anhydrous ammonia, petroleum
products and other products which may be considered as highly explosive,
combustible or of a volatile nature.
5. Recycling processing centers and large recycling collection centers. (See Section
17.02.09 for definition of RECYCLING CENTER.)
6. Salvage yards, when all materials are enclosed within at least a six foot solid fence
or wall. (See Section 17.02.09 for definition of SALVAGE YARD.)
E. Lot Size Requirements.
1. Minimum lot area: 10,000 square feet.
F. Bulk Regulations.
1. Maximum structure height: 45 feet exclusive of grain elevators.
b. Minimum side yard: 10 feet.
c. Minimum rear yard: 30 feet.
3. Maximum lot coverage: Buildings, structures and uses may occupy all of the zoning
lot except that required for off-street parking, loading and unloading and yards.
62
G. Use Limitations.
1. No new building shall be used for residential purposes, except that a watchman or
custodian may reside on the premises inside an industrial use structure or in a
manufactured or mobile home.
2. Outdoor operations, display and storage are permitted which are related activities to
the principal use, except that only parking and display areas for new products are
permitted in the minimum front yard setback.
3. There shall be no emission of dust, noise, odor or vibration which shall be detectable
as a nuisance beyond the lot line.
63
PUD Planned Unit Development District
17.04.12 PUD Planned Unit Development District. The purpose of the Planned Unit
Development District, herein referred to as PUD is to:
 encourage innovation in residential, commercial and industrial development by
permitting greater variety and flexibility in type, design and layout of buildings;
 encourage a more efficient use of land reflecting changes in the technology of land
development;
 encourage development which incorporates the best features of modern design, while
conserving the value of land;
 provide a procedure which relates the type, design and layout of residential, commercial
and industrial development to the particular site and the particular demand for housing
at the time of development in a manner consistent with the preservation of property
values;
 require all residential development on property of over 20 acres; and commercial or
industrial development on property of over two acres to establish a PUD.
The PUD District operates as an overlay zone in conjunction with all of the other districts in that
it is necessary for an area to concurrently be zoned for one or more of the other districts in
addition to the PUD District designation; however, such other districts may differ in one or more
respects when utilized for the PUD District.
A. General Provisions.
1. The Governing Body may by ordinance approve the establishment of a PUD District
on any parcel or tract of land which is suitable for and of sufficient size to be planned
and developed, or redeveloped, as a unit and in a manner consistent with the intent
and purpose of these regulations and with the Comprehensive Plan.
2. A PUD District may be established for a residential development or for a general
development. A development shall be deemed to be a residential development
when it is limited to dwelling units in detached, attached or clustered, or multiplestoried structures, or any combination thereof; and nonresidential uses of a religious,
cultural, recreational and business character that are primarily designed and
intended to serve the residents of the residential development. A development shall
be deemed to be a general development when it contains major business and/or
industrial structures and uses exclusively, or when it blends residential structures or
dwelling units in a unified plan with business and/or industrial structures and uses.
3. As a convenience for all references and filing purposes, the specific name of the
proposed development shall precede all references to it being a "planned unit
development district", a "preliminary planned unit development plan,” or a “final
planned unit development plan”. All amendments thereto shall be denoted by adding
the word "amended" following the name of the development and before any
reference to its status as a district or plan. The letters "PUD" shall serve as an
acceptable abbreviation for the words "planned unit development".
B. Standards and Criteria for Planned Unit Developments.
1. For all planned developments:
a. A development plan that is not inconsistent with the standards set out in this
section or with such general policies or specific rules and regulations for PUD
Districts as may be adopted from time to time by the Governing Body or the
Planning Commission and placed on public record in the office of the City Clerk
shall prima facie be deemed to have qualified for preliminary approval. No such
policies, rules or regulations shall be revised or added to so as to be applicable
to a specific proposal for a PUD after an application for preliminary approval of a
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specific PUD plan has been filed. A PUD plan shall not be inconsistent with the
following general standards for use of land, and the use, type, bulk, design and
location of buildings, the density or intensity of use, the common open space, the
public facilities and the development by geographic division of the site:
1) The PUD will not substantially injure or damage the use, value and
enjoyment of surrounding property nor hinder or prevent the development of
surrounding property in accordance with the Comprehensive Plan.
2) The site will be accessible from public roads that are adequate to carry the
traffic that will be imposed upon them by the proposed development and the
streets and driveways on the site of the proposed development will be
adequate to serve the residents or occupants of the proposed development.
Traffic control signals will be provided without expense to the City when it is
determined that such signals are required to prevent traffic hazards or
congestion in adjacent streets.
3) The PUD will not impose an undue burden on public services and facilities
such as fire and police protection.
4) The entire tract or parcel of land to be occupied by the PUD shall be held by
a single landowner, or if there are two or more landowners, the application
for such PUD shall be filed jointly by all such landowners; however, the
holder of a contract to purchase or other person having an enforceable
proprietary interest in such land shall also be deemed a landowner for
purposes of these regulations.
5) The PUD plan shall contain such proposed covenants, easements and other
provisions relating to the bulk, location and density of residential buildings,
nonresidential uses and structures, and public facilities as are necessary for
the welfare of the PUD and are not inconsistent with the best interests of the
area. Such covenants, easements and other provisions, if part of the PUD
plan as finally approved, may be modified, removed or released only with the
consent of the Governing Body after a public hearing before and
recommendations by the Planning Commission as provided in Section 17.04.
12.C. All such covenants shall specifically provide for enforcement by the
City in addition to the landowners within the development.
6) The Planning Commission may designate divisible geographic sections of the
entire parcel to be developed as a unit, and shall, in such case, specify
reasonable periods within which development of each such unit must be
commenced. In the case of residential PUD plans and general PUD plans
which contain residential buildings, the Planning Commission may permit in
each unit deviations from the number of dwelling units per acre established
for the entire PUD; provided, that such deviation shall be adjusted for in other
sections of the PUD so that the number of dwelling units per acre authorized
for the entire PUD is not affected. The period of time specified in the
schedule of development submitted by the applicant for the completion of the
entire PUD and the commencement date for each section thereof may be
modified from time to time by the Planning Commission to be reasonably
required to assure performance in accordance with the PUD plan and to
protect the public interest in the event of abandonment of said plan before
completion.
7) For all business and industrial uses proposed for development within the
plan, the standards and extent of uses shall not exceed the least restrictive
requirements for the specific use as provided for in the business and
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industrial districts of these zoning regulations unless they meet the provisions
of Sections 17.04.12.B.1a(12) and 17.04.12.C(9).
8) The location and arrangement of structures, parking areas, walks, lighting
and appurtenant facilities shall be compatible with the surrounding land uses,
and any part of a PUD not used for structures, parking and loading areas, or
access ways, shall be landscaped or otherwise improved.
9) When business or industrial structures or uses in a PUD District abut a
residential district or residential buildings in the same development,
screening shall be provided. In no event shall a business or industrial
structure in a PUD District be located nearer than 100 feet to a residential
building.
10) Notwithstanding any of the other provisions of these regulations, when a
shopping center is developed as a PUD District, such shopping center shall
have 300 square feet of space devoted to off-street parking for each 100
square feet of floor area in the structures located in the planned shopping
center development. Such off-street parking facilities shall otherwise comply
with the provisions of Section 17.05.01.A of these regulations.
11) The specifications for the width and surfacing of streets, alleys, ways for
public utilities, for curbs, gutters, sidewalks, public parks and playgrounds,
school grounds, storm water drainage, water supply and distribution, sanitary
sewers and sewage collection and treatment adopted in the Subdivision
Regulations of the City as amended from time to time, may, within the limits
hereinafter specified, be waived or modified by the Planning Commission
where the Commission finds that such specifications are not required in the
interests of the residents or occupants of the PUD and that the waiver or
modification of such specifications for PUD plans would not be inconsistent
with the interests of the City. The Commission shall require guarantees for
required public improvements and the filing of comparable engineering and
survey data on final development plans.
12) Any modifications of the zoning or other regulations that would otherwise be
applicable to the site shall be warranted by the design of the PUD plan, and
the amenities incorporated in it, and shall not be inconsistent with the interest
of the public generally.
1. Standards for Residential Planned Developments and General Planned
Developments Containing Residential Buildings:
a. Any PUD plan that does not propose to increase the number of dwelling units per
acre that would otherwise be permitted on the property under the maximum
zoning regulations otherwise applicable thereto in the districts which permit
residences shall be prima facie qualified for preliminary approval insofar as
residential density is concerned. A PUD plan may provide for a greater number
of dwelling units per acre than would be permitted by these district regulations
otherwise applicable to the site, but if the number of dwelling units per acre
exceeds by more than 10% of that permitted by the Zoning Regulations
otherwise applicable to the site, the developer has the burden to show that such
excess will not have an undue and adverse impact on existing public facilities
and on the reasonable enjoyment of neighboring property. The Planning
Commission, in determining the reasonableness of a proposed increase in the
number of dwelling units per acre, shall recognize that increased density may be
compensated for by additional private amenities and by increased efficiency in
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b.
c.
d.
e.
f.
public services to be achieved by: (1) the amount, location and proposed use of
common open spaces; and (2) the location, design and type of dwelling units.
The Planning Commission shall also consider that the physical characteristics of
the site may make increased densities appropriate in the particular location. In
addition to establishing a maximum density, the plan shall specify either the
minimum number of dwelling units and commercial or industrial uses or the
minimum acreage allowances for each specific PUD District.
When common open space is provided in a PUD plan, the amount and location
of such common open space shall be consistent with the declared function of the
common open space as set forth in the application for a PUD District. The PUD
plan shall include such provisions for the ownership and maintenance of the
common open space as are reasonably necessary to ensure its continuity, care,
conservation and maintenance, and to ensure that remedial measures will be
available to the City if the common open space is permitted to deteriorate or is
not maintained in a condition consistent with the best interest of the PUD or of
the City. If the City finds it necessary to carry out the obligations required to
maintain the open space in order to avoid having it become a public nuisance,
the costs shall be assessed against the properties within the development and
shall become a tax lien on said properties.
When a PUD includes common open space, such common open space shall
never be used for the construction of any structure, nor shall such open space
ever be computed as a part of the required minimum lot area, or any required
yard, of any other structure.
Adequate safeguards, including recorded
covenants, shall be provided to prevent subsequent development of, and the
future construction of structures on, such open space.
The total ground area occupied by buildings and structures shall not exceed 35%
of the total ground area of the PUD unless previous development in the
neighborhood has a greater lot coverage, in which case the PUD plan may
increase the lot coverage of buildings and structures to correspond with the bulk
of the other structures in the neighborhood.
Nonresidential uses of a religious, educational or recreational nature shall be
designed or intended primarily for the use of the residents of the PUD.
Nonresidential uses of a business character shall be designed or intended to
serve principally the residents of the PUD. No structure designed or intended to
be used, in part or in whole, for business purposes shall be constructed prior to
the construction of not less than 30% of the dwelling units proposed in the PUD
plan.
C. Preliminary PUD Plan Contents. An application for a PUD shall constitute the filing of
an application for a PUD District and shall be processed in the same manner prescribed
for amending these Zoning Regulations. The same requirements for notice to property
owners, advertisement of public hearing, protest petitions, and adoption by the
Governing Body shall be required as in conventional zoning. The applicant shall
prepare and submit a preliminary PUD plan for review and recommendation by the
Planning Commission which shall contain the following information and documents:
1. A site plan showing the location, arrangement, bulk, type and use of all existing and
proposed structures, the proposed traffic circulation pattern within the development,
the areas to be developed for parking, the points of ingress and egress, including
access streets where required, the relationship of abutting land uses and zoning
districts, proposed lots and blocks, if any, and proposed public or common open
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space, if any, including parks, playgrounds, school sites and recreational facilities.
2. Applicable information as required for a preliminary plat pursuant to provisions in the
Subdivision Regulations of the City.
3. A statement of the anticipated residential density (when applicable), the proposed
total gross floor area, and the percentage of the development which is to be
occupied by structures.
4. Preliminary sketches and/or description of the proposed screening and landscaping
features.
5. When a PUD is to be constructed in units, a schedule for the development of such
units shall be submitted. No such unit shall have a residential density that exceeds
by more than 20% the proposed residential density of the entire PUD. When a PUD
provides for common open space, the total area of common open space provided at
any stage of development shall, at minimum, bear the same relationship to the total
open space to be provided in the entire PUD as the units completed or under
development bear to the entire PUD.
6. Evidence that the applicant has sufficient control over the tract to effectuate the
proposed plan, including a statement of all the ownership and beneficial interests in
the tract of land and the proposed development.
7. When it deems it to be necessary, the Planning Commission may require a traffic
survey setting out and analyzing the effect that the PUD will have upon traffic in the
streets and thoroughfare adjacent to and in the vicinity of the proposed
development.
8. A statement of objectives showing the relationship of the PUD to the Comprehensive
Plan with respect to land use for various purposes, density of population, direction of
growth, location and function of streets and other public facilities, and common open
space for recreation or visual benefit or both, and such other factors as the City may
find relevant in making a finding whether a PUD shall be authorized as being in
general conformity to the Comprehensive Plan.
9. In the case of general planned developments, a statement identifying the principal
types of business and/or industrial uses that are to be included in the proposed
development.
10. When a PUD includes provisions for common open space, or recreational facilities,
a statement describing the provision that is to be made for the care and
maintenance of such open space or recreational facilities. If it is proposed that such
open space be owned and/or maintained by any entity other than a governmental
authority, copies of the proposed articles of incorporation and bylaws of such entity
shall be submitted.
11. Copies of the restrictive covenants that are to be recorded with respect to property
included in the PUD District.
D. Action on Preliminary PUD Plan.
1. Hearing, Findings and Recommendation of Planning Commission. The Planning
Commission shall, within 60 days after a preliminary development plan is filed with it,
hold a public hearing on the plan after giving the notice required by Section
17.11.01D for hearings on amendments. Such public hearing shall consider all
aspects of the preliminary PUD plan including all proposed units of development.
Within 30 days after the last public hearing on such plan, the Commission shall
prepare and transmit to the Governing Body and to the applicant specific findings of
fact with respect to the extent to which the preliminary PUD plan complies with the
standards set out in Sections 17.04.12.B and C, together with its recommendations
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to the Governing Body with respect to the action to be taken on the PUD plan. The
Commission may recommend approval, disapproval or approval with amendments,
conditions or restrictions. Copies of the findings and recommendations of the
Planning Commission shall be made available to any other interested persons.
2. Action by the Governing Body. After a 14-day period following the public hearing in
which to receive protest petitions as provided by Section 17.11.04, the Governing
Body shall under the adoption procedures of Section 17.11.05 consider the approval
or disapproval of the preliminary PUD plan after it receives the findings and
recommendations of the Planning Commission thereon. If the preliminary PUD is
disapproved, the applicant shall be furnished with a written statement of the reasons
for disapproval of the plan. If the preliminary PUD is to be approved, the Governing
Body shall, after receiving from the applicant any acceptance required by Section
17.04.12.D3, adopt an ordinance approving the preliminary PUD plan, and
establishing a PUD District for the parcel or tract of land included in the preliminary
PUD plan.
3. Restrictions and Conditions. The Governing Body may alter the preliminary PUD
plan according to the procedures of Section 17.11.05(2) or (3) and impose such
restrictions and conditions on the PUD as it may deem necessary to insure that the
development will be in harmony with the general purpose and intent of these
regulations and with the Comprehensive Plan. When the Governing Body alters the
preliminary PUD plan, the applicant shall have 30 days within which to file an
acceptance of such alterations, restrictions or conditions. When an acceptance is
required by this section, no ordinance approving a preliminary PUD plan and
establishing a PUD District shall be effectuated until such acceptance has been filed
with the City Clerk.
4. Form of Ordinance. An ordinance approving a PUD and establishing a PUD
District shall specify the Zoning Regulations and restrictions that will, pursuant to the
PUD plan, apply in the PUD District and shall describe the boundaries of such
district or set such boundaries out on a map that is incorporated and published as a
part of such ordinance. Such ordinance shall also specify the conditions and
restrictions that have been imposed by the Governing Body on the PUD, and the
extent to which the otherwise applicable district regulations have been modified.
When the Planning Commission has designated divisible geographic sections of the
development that may be developed as a unit, the ordinance shall authorize the
Planning Commission to modify the schedule of development to the extent set out in
Section 17.04.12.B.1a (6).
E. Status of Preliminary PUD Plan after Approval.
1. Within 15 days after the adoption of an ordinance approving a preliminary PUD plan
and establishing a PUD District, a copy of such ordinance shall be filed by the City
Clerk with the Zoning Administrator and a similar copy mailed to the applicant.
When approval of a preliminary plan has been granted, the same shall be noted on
the Official Zoning Maps.
2. After being notified of the approval of a preliminary PUD plan by the Governing
Body, the applicant shall within 15 days file with the County Register of Deeds a
statement that such a plan has been filed with the City and has been approved and
that such PUD is applicable to certain specified legally described land and that
copies of said plan are on file in the office of the City Clerk. Such statement
recorded with the Register of Deeds shall also specify the nature of the plan, the
proposed density or intensity of land uses and other pertinent information sufficient
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to notify any prospective purchasers or users of land of the existence of such a plan.
The recorded statement shall specify that the preliminary PUD plan shall become
binding upon all successors and assigns unless amended in conformance with these
regulations.
3. Preliminary approval of a PUD plan shall not qualify such a plan for recording. A
PUD plan which has been given preliminary approval as submitted or which has
been given preliminary approval with alterations, conditions and restrictions, which
have been accepted by the applicant (and provided that the applicant has not
defaulted nor violated any of the conditions of the preliminary approval), shall not be
modified or revoked nor otherwise impaired by action of the City pending an
application or applications for approval of a final PUD plan without the consent of the
applicant; provided, that an application for final approval is filed, or in the case of unit
developments, provided applications are filed, within the time or times specified in
the ordinance granting approval of the preliminary plan. If no time is specified in
such ordinance, then an application for approval of the final PUD plan, or all units
thereof, shall be filed within three years.
4. In the event that a PUD plan is given preliminary approval and thereafter, but prior to
approval of a final PUD plan, the applicant shall: (1) choose to abandon said plan
and shall so notify the Planning Commission in writing; or (2) shall fail to file an
application, or applications, for approval of a final plan, it shall be deemed to be
revoked. When a preliminary plan is revoked, all that portion of the preliminary plan
for which final approval has not been given shall be subject to those provisions of
the Zoning Regulations and other local ordinances, that were applicable thereto
immediately prior to the approval of the preliminary plan, as they may be amended
from time to time. The Governing Body shall forthwith adopt an ordinance repealing
the PUD District for that portion of the development that has not received final
approval and re-establishing the zoning and other regulatory provisions that would
otherwise be applicable. When a PUD plan is revoked, such revocation shall be
noted on the Official Zoning Maps.
F. Final PUD Plan Contents and Approval.
1. An application for approval of a final PUD plan may be filed for all the land included
in a planned development or for a unit thereof. Such application shall be filed by the
applicant with the Zoning Administrator within the specified time in Section
17.04.12.E3, and shall be in substantial compliance with the preliminary PUD plan
as approved. The application shall include:
a. A detailed site plan showing the physical layout and design of all streets,
easements, rights-of-way, lots, blocks and common open space including
statements, where applicable, on the residential densities, the types and uses of
structures, the maximum gross floor area, the percentage of the development to
be occupied by structures, the height of structures and signs, the building
setback lines, and the units within which construction would be scheduled.
b. Applicable information as required for a final plat pursuant to the provisions in
the City Subdivision Regulations including such waivers and modifications as
may have been agreed to in the preliminary PUD plan, including:
c. Plans for landscaping and screening.
d. All certifications of approval required by the City Subdivision Regulations for a
final plat with the modification that the words "final PUD plan and plat" shall be
utilized wherever the word "plat" appears in the wording.
e. A statement of dedication for easements or right-of-ways and a copy of
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restrictive covenants.
Proof of the establishment and activation of any entity that is to be responsible
for the management and maintenance of any common open space and copy of
any restrictive covenants.
g. No lot, parcel, or tract or dwelling unit in such development shall be conveyed or
leased prior to the recording of the final PUD.
h. Such guarantees and agreements that are required by the provisions and
procedures of the Subdivision Regulations regarding final plats.
2. A PUD plan submitted for final approval shall be deemed to be in substantial
compliance with the preliminary plan, as approved; provided, that any modification
by the developer of the preliminary plan, as approved, does not: (1) vary the
proposed gross residential density or intensity of use by more than 5%; or (2) involve
a reduction of the area set aside for common open space; nor (3) increase by more
than 10% the floor area proposed for nonresidential use; nor (4) increase by more
than 5% the total ground area covered by buildings or a substantial change in their
height. A public hearing shall not be held to consider modifications in the location
and design of streets or facilities for water and for disposal of storm water and
sanitary sewerage.
3. Although a public hearing shall not be held on an application for approval of a final
PUD plan when said plan as submitted for final approval is in substantial compliance
with the preliminary plan, as approved, the burden shall nevertheless be upon the
applicant to show the Planning Commission good cause for any variation between
the preliminary plan, as approved, and the final plan as submitted. In the event a
public hearing is not required for final approval, and the application for final approval
has been filed, together with all drawings, specifications and other documents
required in support thereof, the Commission shall make recommendations on such
final plan; provided, however, that, in the event the final plan as submitted contains
variations from the preliminary plan as approved, but remains in substantial compliance with the preliminary plan, as approved, the Commission may, after a meeting
with the applicant, refuse to recommend approval of the final plan and shall so
advise the applicant in writing of such refusal, setting out the reasons why one or
more of said variations are not in the public interest. In the event of such refusal, the
applicant may re-file his application for final approval without the variations objected
to by the Commission at any time within which he shall be entitled to apply for final
approval. If the time for applying for final approval shall have expired at the time
when the Commission advised the applicant that the variations were not in the public
interest, then the applicant shall have 60 additional days within which to refile his
application for final approval without the said variation. If the applicant shall fail to
refile within said period, he shall be deemed to have refused to accept such
requirements and final approval shall be deemed to have been denied.
4. In the event the final PUD plan, as submitted for approval, is not in substantial
compliance with the preliminary plan as approved, the Planning Commission shall so
notify the applicant in writing, setting out the particular ways in which the final plan is
not in substantial compliance with the preliminary plan as approved. The applicant
may make such changes in the final plan as are necessary to bring it into
compliance with the preliminary plan, as provided for in Section 17.04.12.E3, or he
may file within 45 days a written appeal with the Commission that it hold a public
hearing on his application for final approval. In the event the applicant shall fail to
take either of these alternate actions within said time, he shall be deemed to have
abandoned the plan. Such public hearing shall be held, notice thereof shall be
f.
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given, and the hearing shall be conducted in the manner prescribed in Sections
17.11.01.D, E and F of these regulations.
After the conclusion of such public
hearing, the Commission shall either recommend approval or disapproval of the final
plan. The recommendations on the final plan, shall, in cases arising under this
paragraph, be in the form and contain the findings required for a recommendation
on an application for approval of a preliminary development plan as set out in
Sections 17.04.12.B and C.
5. After a final PUD plan, or any unit thereof, has been submitted for consideration by
either the procedures prescribed in Sections 17.04.12.E3 or 4, the plan shall be
considered for final approval by the Governing Body within 30 days. A final PUD
plan, or any part thereof, which has been given final approval by the Governing
Body, shall be filed of record with the County Register of Deeds within 60 days
following the satisfying of all conditions precedent and conditioned upon such
approval. A copy of the recorded final plan shall also be filed with the Zoning
Administrator before any building and/or zoning permits are issued or development
takes place in accordance therewith. In the event the Governing Body fails to act,
either by approval or by disapproval within the time prescribed, the final plan shall be
deemed to be approved. Pending completion within a reasonable time of said PUD,
or of any unit thereof, which has been finally approved, no modification of the
provisions of said plan, or unit thereof, as finally approved, shall be made except
with the consent of the applicant.
6. In the event that a plan or unit thereof is given final approval and thereafter the
applicant shall abandon said plan or the section thereof and shall so notify the City in
writing, or in the event the applicant shall fail to commence the PUD within 18
months after final approval, it shall terminate and shall be deemed null and void
unless such time period is extended by the Governing Body upon written application
by the applicant.
G. Enforcement and Modification. To further the mutual interest of the residents and
owners of the PUD and of the public in the preservation of the integrity of the plan, as
finally approved and to insure that modifications, if any, in the plan shall not impair the
reasonable reliance of the residents and owners upon the provisions of the plan, nor
result in changes that would adversely affect the public interest, the enforcement and
modification of the provisions of the plan as finally approved, whether recorded by plan,
covenant, easement or otherwise, shall be subject to the following provisions:
1. Enforcement by the City. The provisions of the final plan relating to:
a. The use of land and the use, bulk and location of buildings and structures;
b. The quality and location of common open space; and
c. The intensity of use or the density of residential units shall run in favor of the City
and shall be enforceable in law or in equity by the City, without limitation on any
powers or regulation otherwise granted the City by law.
2. Enforcement by the residents and owners. All provisions of the plan shall run in
favor of the residents and owners of the planned development, but only to the extent
expressly provided in the plan and in accordance with the terms of the plan and to
that extent such provisions, whether recorded by plan, covenant, easement or
otherwise, may be enforced at law or equity by residents and owners, acting
individually, jointly, or through an organization designated in the plan to act on their
behalf; provided, however, that no provisions of the plan shall be implied to exist in
favor of residents and owners of the PUD except as to those portions of the plan
which have been finally approved and have been recorded.
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3. Modification of the plan by the City. All those provisions of the plan authorized to
be enforced by the City under Section 17.04.12.G.1 may be modified, removed or
released by the City (except grants or easements relating to the service or
equipment of a public utility unless expressly consented to by the public utility),
subject to the following conditions:
a. No such modification, removal or release of the provisions of the plan by the City
shall affect the rights of the residents and owners of the PUD to maintain and
enforce those provisions, at law or equity, as provided in Section 17.04.12.G.2.
b. No modification, removal or release of the provisions of the plan by the City shall
be permitted except upon a finding by the City, following a public hearing called
and held in accordance with the provisions of these regulations, that the same is
consistent with the efficient development and preservation of the entire PUD,
does not adversely affect either the enjoyment of land abutting upon or across a
street from the PUD or the public interest and is not granted solely to confer a
special benefit upon any person.
Modification by the residents. Residents and owners of the PUD may, to the extent and in the manner
expressly authorized by the provision of the plan, modify, remove or release their rights to enforce the
provisions of the plan, but no such action shall affect the right of the City to enforce the provisions of the
plan in accordance with the provisions of Section 17.04.12.G.1.
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P-O Protective Overlay District
17.04.13 P-O Protective Overlay District.
This district may be applied as an overlay district in combination with any underlying zoning
district except the PUD Planned Unit Development district. By limiting specific uses or requiring
more restrictive development standards to individual projects or specific properties, this district
is intended to:
 Ensure compatibility among incompatible or potentially incompatible land uses.
 Ease the transition from one zoning district to another.
 Address sites or land uses with special requirements.
 Guide development of unusual situations or unique circumstances.
Development standards include, but are not limited to, lot sizes, bulk requirements, use
limitations, off-street parking and loading provisions, accessory structures and uses, sign
standards, miscellaneous requirements of and screening and landscape requirements of
Chapter 17.03.
A. Use and Development Standards. This district can be used to modify and restrict the
use and development standards of an underlying zoning district. All requirements of this
district are in addition to and supplement all other applicable standards and
requirements of these regulations. Restrictions and conditions imposed by this district
shall be limited to the following:
1. Prohibiting otherwise permitted or special or conditional uses and accessory uses; or
making an otherwise permitted use a special or conditional use;
2. Decreasing the number or average density of dwelling units that may be constructed
on the site;
3. Increasing minimum lot size or lot width;
4. Increasing minimum setback requirements in any yard;
5. Restrictions on access to abutting properties and streets, including specific design
features; and
6. Any other development standards required or authorized by these regulations.
B. Method of Adoption. Modifications and restrictions imposed through this district are
considered part of this zoning text and accompanying map. All property included in the
district shall be identified on the Official Zoning Maps by adding the letters "P-O" and a
number to the base zoning district symbol. The number shall be assigned when the
application is filed and numbers shall run consecutively beginning with number 1. The
effectuating ordinance for zoning or rezoning property to the P-O district shall
specifically state the modifications or restrictions imposed pursuant to Section
17.04.13.A. Such modifications and restrictions imposed shall be considered part of the
text of these regulations and a violation of them shall be a violation of these regulations.
The modifications and restrictions shall continue in full force and effect until revised in
accordance with the same amendment procedures as for the approval of the original PO District.
C. Effect of P-O District Designation. When the P-O District zoning designation is
applied in combination with an underlying zoning district, it shall always be considered to
result in a more restrictive designation than if the district did not have the P-O
classification. In the event that the P-O designation was not originally requested as part
of the rezoning application, but is added instead during the public hearing process, renotification and re-advertisement of the requested zoning amendment shall not be
required.
74
Downtown Neighborhood Overlay District
17.04.14 Downtown Neighborhood Overlay District
A. Purpose. The Downtown Neighborhood Overlay District is intended to do the following:
1. Preserve, enhance and promote the character of the Downtown Neighborhood as
prescribed in the Central Business District Neighborhood Plan.
2. Recognize the special architectural character and proposed land use mix of the
downtown neighborhood.
3. Protect private property values and public investments.
B. Compliance. Property developed within the Downtown Neighborhood Overlay District
shall comply with the Downtown Design Criteria provisions of this District Overlay (see
appendix), the underlying zoning districts, and Site Plan regulations (17.12). In case of
conflict between the provisions in this District and those of the underlying zoning
districts, the provisions in this District shall prevail.
C. Boundary. The boundaries of the Downtown Neighborhood Overlay District apply to all
property within the following geographic boundaries:
1. West Boundary - Burlington Northern Santa Fe Railroad Tracks
2. North Boundary - First (1st) Street
3. East Boundary - Colby Avenue
4. South Boundary - Allen Street
D. Permitted Uses that are Prohibited in the Overlay District.
1. Auction houses.
2. Automobile service stations.
3. Automobile, small truck and motorcycle salesrooms, repairs and refinishing services.
(See Section 17.04.09.C.5 for repair garages and Section 17.04.09.C.8 for outside
sales lots.)
4. Establishments employing not more than five persons in construction businesses
such as plumbing, heating, air conditioning and electrical work, but not woodwork
such as millwork. (See Section 17.04.09.F for outdoor storage.)
5. Liquor stores
6. Rental centers including appliances, furniture, tools and construction equipment.
(See Section 17.04.09.F.3 for outside storage.)
10. Public and private schools: educational buildings for primary, intermediate and
secondary schools including transportation centers, recreation areas, spectator
sports facilities and the like.
E. Special Uses that are Prohibited in the Overlay District.
1. Assembly places both private and public, and fraternal and service clubs.
2. Religious Institution.
4. Sexually oriented businesses as defined by K.S.A. 12-770(a) 2-15.
6. Group homes which exceed the number of persons permitted by the definition in
Section 17.02.09.
7. Hospitals.
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8. Multiple dwelling units for the elderly and handicapped whereby density and parking
requirements may be varied from the standards otherwise required by these
regulations.
9. Nonprofit institutions for educational, philanthropic or charitable purposes.
10. Nursing and convalescent homes.
11. Retirement centers and assisted living facilities.
12. Rehabilitation houses.
F. Conditional Uses that are Prohibited in the Overlay District.
1. Auction houses
2. Automobile service stations and sale of gasoline at convenience stores.
3. Wholesale and inventory storage not otherwise related to the principal use of the
premises.
4. Contracting shops for plumbing, electrical, heating and air conditioning, wood
working and the like with outside storage when permitted. (See Section 17.04.09.F.3
for outside operations and storage.)
5. Drive-in establishments.
6. Vacant space.
7. Large recycling collection centers. (See Section 17.02.09 for definition of Recycling
Center.)
9. New and used car lots including the sale of vans, small trucks, recreational vehicles,
motor-homes and boats.
10. Utility substations and water towers. (See Section 17.03.27 for Lot Size and Bulk
Regulations.)
11. Earth-sheltered dwellings.
clubhouses.
G. Lot Size Requirements.
1. Minimum lot area: None.
H. Bulk Regulations.
3. Minimum front yard: None
4. Minimum side yard: None, but if one is provided, it shall not be less than 5 feet.
5. Minimum rear yard: None, but if one is provided, it shall not be less than 5 feet.
lot not otherwise required for the yard regulations.
I.
Use Limitations.
1. All business, servicing, storage and display of goods; except for small recycling
collection centers, shall be conducted within completely enclosed structures or
screened from public view, unless approved as a conditional use by the Board of
Zoning Appeals or as part of an application for a special or other conditional use.
17.04.15-17.04.99 Reserved
76
TABLE OF ZONING DISTRICT AREA AND SETBACK FOR RESIDENTIAL USES
District
Area
Min. Lot
Width
Min. Lot
Depth
Max.
Height
Front
Side
Corne
r-side
Rear
A-1 Agricultural
40,000 sq.ft. (with or without
water supply and alternative
sewer system)
80,000 sq. ft. (with or
without water supply and
septic tank system)
217,800 sq.ft. (with or
without water supply and
wastewater lagoon)
12,000 sq. ft. w/clustered
Alt. sewer and public water
20,000 sq. ft. w/alternative
sewer and public water
40,000 sq. ft. w/ alternative
sewer and no public water
10,000 sq. ft.
100 ft.
125 ft.
35 ft.
30 ft.
10 ft.
Res.
30 ft.
25 ft.
6.500 sq. ft.
RR-1 Suburban
Residential
R-1A SingleFamily (Large-Lot
Platted)
R-1B SingleFamily (Older
Neighborhoods)
R-2 Two-Family
R-3 MultipleFamily
M-H Manufactured
Home Park
C-1 Central
Business
C-2 General
Business
Industrial
1-F: 6,500 square feet
2-F: 8,000 square feet
3,000 square feet per unit
15 ft.
All other
uses
80 ft.
100 ft.
35 ft.
30 ft.
10 ft.*
30 ft.
25 ft.
80 ft.
100 ft.
35 ft.
30 ft.
10 ft.*
30 ft.
25 ft.**
60 ft.
70 ft. all
other
uses
70 ft.
100 ft.
35 ft.
25 ft.
6 ft.*
15 ft**
20 ft.**
100 ft.
35 ft.
25 ft.
6 ft.***
20 ft.
20 ft.**
100 ft.
35 ft.
25 ft.
25 ft.
20 ft.**
25 ft.
6ft. 1 & 2F
7 ft. Multi-F
15 ft.
25 ft.
15 ft.
80,000 square feet
150 ft.
None
35 ft.
None
20 ft.
50 ft.
45 ft.
5,000 square feet
50 ft.
90 ft.
35 ft.
35 ft.
5 ft.
35 ft.
10 ft.
10,000 square feet
80 ft.
100 ft.
45 ft.
35 ft.
10 ft.
35 ft.
25 ft.
* 15 ft. for all other uses
**20 feet if garage loads off the side
***10 feet for all other non-residential uses
Note: If a rear yard is provided, it shall not be less than 5 feet.
77
78
Off-Street Parking and Loading
CHAPTER 17.05: OFF-STREET PARKING AND LOADING
17.05.01 Off-Street Parking. In any applicable zoning district, all structures built and all
uses established hereafter shall provide accessory off-street parking in accordance with the
following regulations. When an existing structure or use is expanded, accessory off-street
parking shall be provided in accordance with the following regulations for the area or capacity of
such expansion. Plans showing the layout and design of all off-street parking spaces and
loading areas must be submitted and approved by the Zoning Administrator before a zoning
permit is issued for such spaces or areas.
A. General Provisions.
1. Utilization: Accessory off-street parking facilities provided for the uses hereinafter
listed shall be solely for the parking of motor vehicles in operating condition of
patrons, occupants or employees of such uses. Such parking facilities or any vacant
lot shall not be used to display or store motor vehicles including recreational vehicles
and utility trailers for sale other than where permitted specifically in a district. Such
provision shall not prevent the display of a small temporary for sale sign not
exceeding two square feet in size on a personal vehicle when parked periodically on
a driveway or an identifiable parking area on a zoning lot of a residence or a
business location. (See Section 17.02.09 for definition of STORAGE, OUTDOOR.)
2. Parking space dimension: An off-street parking space shall be at least eight feet
six inches in width and at least 19 feet in length, exclusive of access drives or aisles,
ramps or columns, unless special parking is designated for variable sizes of
vehicles.
3. Access: Each off-street parking space shall open directly upon an aisle or driveway
of such width and design as to provide safe and efficient means of vehicular access
to such parking space. No parking space shall be designed to exit or back directly
onto a public street or use the public right-of-way for parking space, unless
specifically approved by the Governing Body. Such arrangements are to be
discouraged, except in unusual circumstances wherein the traffic safety of the public
can still be protected.
4. Open and enclosed parking: Off-street parking spaces open to the sky may be
located in any yard, except that in residential districts no such spaces shall be
located in a front yard setback other than for multiple-family dwellings. Principal
buildings with private garages and carports integrated into or attached to the
buildings which contain or shelter off-street parking spaces shall be subject to the
yard setback requirements applicable in the district wherein the buildings are
located. Detached garages and carports which contain or shelter off-street parking
spaces shall be subject to the provisions of the accessory uses contained in Section
17.06.01 and, in particular, the bulk regulations of Section 17.06.01.C. (See Section
17.03.30 for canopies.)
5. Design and Maintenance:
a. Design: Off-street parking spaces shall comply with such design standards
relating to curb cuts and curb length, stall depth, driveway width, island width,
barriers, and the location of ingress and egress as may be established from time
to time by the City. Off-street parking spaces may be open to the sky or
enclosed in a building or structure. Parking on driveways for single and twofamily dwellings and all types of manufactured and mobile homes is considered
to be permitted temporary parking and required parking spaces on such lots are
not to be in the front yard setback. All parking spaces must be in an identifiable
79
area where all spaces are contained thereon. (See Section 17.05.01.A.5c for
screening.)
b. Surfacing: All open off-street parking spaces, whether required spaces or not,
and driveways shall be graded and paved with an asphalt, asphaltic concrete,
concrete or other comparable hard-surfaced, all weather, dustless material which
shall be maintained in good condition; provided, however, graveled parking
areas are permitted in the industrial districts and for manufactured and mobile
homes in related parks and extra parking spaces for churches beyond the
required number. For detached garages and carports the driveways shall meet
the above standards for the front yard setback. For the rest of the distance to
the detached garage or carport gravel is allowed as the driveway surface.
c. Screening: Screening for parking spaces and loading areas is incorporated into
the general screening and landscaping provisions of Section 17.03.36.
d. Lighting: Any lighting used to illuminate off-street parking spaces shall be
shaded so that direct light is not cast upon property located in a residential
district and so that glare is not a problem to traffic on any public street.
e. Repair and service: No motor vehicle repair work or service of any kind shall
be permitted in association with any off-street parking spaces or structures,
except as incidental repairs to a personal vehicle. (See Section 17.02.09 for
definition of SALVAGE YARD.)
f. Computation: When determination of the number of off-street parking spaces
required by these regulations results in a requirement of a fractional space, the
fraction of one-half or less may be disregarded, and a fraction in excess of onehalf shall be counted as one parking space.
g. Collective provisions: Off-street parking facilities for separate uses may be
provided collectively if the total number of spaces so furnished is not less than
the sum of the separate requirements for each such use; provided, that wherever
there is a common plan of parking for land in single ownership that the amount
of required parking shall consider the joint use of such space whenever large
places of assembly are present which vary in their times of use and season of
the year to the end that all parking is contained on the site or on accessory
parking lots except for infrequent periods of peak use. The off-street parking
spaces required by Section 17.05.02 may be increased; however, where it is
anticipated that peak parking periods will be a consistently reoccurring problem.
All regulations must be adhered to which cover the location of accessory parking
spaces in relation to the use served.
h. Location: All parking spaces required to serve structures or uses shall be
located on the same zoning lot as the structure or use served unless a
conditional use permit is obtained under Section 17.05.03.
i. Employee parking: Parking spaces required on an employee basis shall be
based on the maximum number of employees on duty or residing, or both, on the
premises at any one time.
j. Handicapped parking: Parking spaces according to the number of spaces and
their designated signage shall be provided for persons with a disability in
conformance to the standards of the federal Americans with Disabilities Act of
1990 as incorporated into state statutes. (See K.S.A. 8-1,128 and 42 USCA
12101 et seq.)
6. Plans and approval required: Plans showing the layout and design of all off-street
parking spaces and loading areas, whether required spaces or not, shall be
submitted and approved by the Zoning Administrator prior to issuance of a zoning
80
permit for the parking lot itself or as part of an application for a larger related project.
Before approving any parking layout, the Zoning Administrator shall determine that
the spaces provided are usable and meet standard design criteria as well as all
parking requirements of these regulations. Parking spaces shall be clearly indicated
or otherwise marked to designate the individual spaces.
17.05.02 Required Parking Spaces. Off-street parking spaces accessory to the uses
hereinafter designated shall be provided as follows, except no such spaces shall be required in
the C-1 Central Business District unless for dwelling units permitted in conjunction with
business uses:
A. Dwelling and Lodging Uses.
1. Single and two-family dwellings, earth-sheltered dwellings, residential-designed
manufactured homes and manufactured or mobile homes: At least one parking
space for each dwelling unit.
2. Multiple-family dwellings: At least one and one-half parking spaces per unit, except
in housing for the elderly, one space per two units.
3. Boarding or rooming houses: One parking space for each two rooms.
4. Dormitories, fraternities, sororities and similar lodging facilities: At least two parking
spaces for each three occupants.
5. Hotels, motels and bed and breakfast homes and inns: One parking space for each
rental unit, plus such additional spaces as are required for restaurants, assembly
rooms and affiliated facilities.
B. Business and Industrial Uses.
1. Automobile service stations: One parking space for each employee, plus two spaces
for each service bay.
2. Automobile, truck, trailer and manufactured or mobile home sales and rental lots:
One parking space for each 3,000 square feet of open sales lot area devoted to the
sale, display and rental of such vehicles, plus one parking space for each service
bay and employee.
3. Business and professional offices: One parking space for each 300 square feet of
floor area, not including meeting rooms.
4. Bowling alleys: Four parking spaces for each lane.
5. Cartage, express, parcel delivery and freight terminal establishments: One parking
space for each two employees.
6. Car washes: Two holding spaces for each car washing stall, plus one drying space
for each car washing stall.
7. Funeral homes and mortuaries: One parking space for each four seats based upon
the designed maximum capacity of the parlor, plus one additional parking space for
each employee and each vehicle maintained on the property.
8. Furniture or appliance stores and service or repair shops: One parking space for
each 400 square feet of floor area.
9. Manufacturing, production, processing, assembly, disassembly, cleaning, servicing,
testing, or repairing of goods, materials or products: One parking space per two
employees.
10. Medical and dental clinics or offices: One and one-half parking spaces for each
examining or treatment room, plus one for each doctor and employee.
11. Restaurants, private clubs and taverns: One parking space for each 2.5 seats based
on the maximum designed seating capacity; provided, however, that drive-in
restaurants shall have a minimum of least 10 parking spaces.
81
12. Retail stores and financial institutions: One space per 250 square feet of floor area,
not including meeting rooms. (See Section 17.05.02.B.13 for places of assembly.)
13. Theatres, auditoriums and places of assembly: One space for each four seats.
(See Section17.05.01.A.5g for collective provisions.)
14. Warehouses, storage and wholesale establishments: One parking space for each
two employees.
C. Other Uses.
1. Child care centers and preschools: One parking space for each employee.
2. Churches: One parking space for each five seats based upon the maximum
designed seating capacity in the main worship area, including choir lofts.
3. Elementary and junior high public schools and equivalent parochial and private
schools: One parking space for each faculty and staff person plus places of
assembly. Regular parking spaces must be provided off the street for all buses
serving the school. (See Section 17.05.01.A.5g for collective provisions.)
4. Hospitals: One parking space for each two beds, plus one parking space for each
resident or staff doctor and one space for each two employees.
5. Nursing homes, convalescent homes and retirement centers: One parking space
per each five beds based on the maximum designed capacity of the building, plus
one parking space for each employee.
6. Private social and hobby clubs, associations and lodges: One parking space for
each three seats based upon the maximum designed seating capacity.
7. Secondary public and private schools: One parking space for every three pupils
based on the maximum design capacity and one space for each person on the
faculty and staff plus places of assembly. Regular parking spaces must be provided
off the street for all buses serving the school. (See Section 17.05.01.A.5g for
collective provisions.)
8. Trade and commercial schools: Two parking spaces for each three students, plus
one for each employee based on full-time equivalency.
9. Parking spaces for other permitted uses not listed above shall be provided in
accordance with the determination of the Zoning Administrator with respect to the
number of spaces that are required to serve employees and/or the visiting public at
each such use. Parking for special and conditional uses may be established as part
of processing their application or when issuing the zoning permit.
17.05.03 Conditional Use for Parking. In order to provide off-premises required or
additional off-street parking areas, the Board of Zoning Appeals may grant as a conditional use
for the establishment of parking areas in any zoning district under the following provisions:
(See Section 17.02.09 for definition of PREMISES.)
A. Location. The nearest access to the parking area provided under this section must be
within 300 feet (along lines of public access) from the boundary of the nearest entrance
to the structure for which the parking is provided.
B. Use. The parking area shall be used for passenger vehicles only, and in no case shall it
be used for sales, repair work, storage, dismantling or servicing of any vehicles,
equipment, materials or supplies. Only such signs as are necessary for the proper
operation of the parking lot shall be permitted.
C. Improvements.
1. Parking spaces and driveways on private property providing ingress and egress to
82
2.
3.
4.
5.
6.
parking areas shall be surfaced with concrete, asphaltic concrete, asphalt or any
other comparable surfacing which meets the approval of the Board and shall be
maintained in good condition and free of weeds, dust, trash and other debris.
Parking areas shall have adequate guards to prevent extension or the overhanging
of vehicles beyond property lines or parking spaces. Such areas shall have
adequate markings for channelization and movement of vehicles.
If lighting facilities are provided, they shall be so arranged as to deflect or direct light
away from any adjacent dwelling or residential district.
A fence (such as solid-wall masonry, wood, louvered/wood, metal or other similar
materials) not less than six feet high, may be required to be erected along any
property line adjacent to or adjoining any residential district to reduce noise,
eliminate the passage of light from vehicles and prevent the blowing of debris.
Whenever a fence shall be required along a front yard which includes a driveway
area, such fence shall not be higher than four feet.
When located in a residential district, parking shall not be located within a front yard
and the front yard shall remain unpaved and shall be landscaped, unless a waiver by
the Board is warranted due to the nature and arrangement of the adjacent land use.
The Board shall determine the necessity of additional improvements in order to
protect adjacent property owners and the public interest. Such improvements shall
include, but not be limited to proper drainage, setbacks, screening, grass, shrubs,
trees and the maintenance thereof, and the extent of access permitted to public
streets and alleys.
17.05.04 Off-Street Loading and Unloading.
A. In all zoning districts except the C-1 Central Business District, loading and unloading
space shall be provided off-street and on the same premises with every building,
structure or part thereof, hereafter erected, established, or enlarged and occupied which
requires the receipt or distribution of materials or merchandise by motor vehicle.
B. The loading and unloading space shall be so located as to avoid undue interference with
public use of streets, alleys and walkways.
C. Such vehicular access shall be maintained in good condition and surfaced in such
manner as required in Section 17.05.01.A.5b for parking spaces.
D. When off-street parking space is used to fulfill this loading and unloading requirement,
the latter shall be scheduled so as not to interfere with meeting the parking needs.
17.05.05-17.05.99 Reserved
83
84
Accessory Uses, Temporary Uses and Home Occupations
CHAPTER 17.06.00: ACCESSORY USES, TEMPORARY USES AND HOME
OCCUPATIONS
17.06.01 Accessory Uses Authorization. Accessory uses are permitted in any zoning
district in connection with any principal use which is permitted.
A. Definitions. An accessory use is a structure or use which:
1. Is subordinate to and serves a principal structure or use;
2. Is subordinate in purpose to the principal structure or use served;
3. Contributes to the comfort, convenience or necessity of occupants, business or
industry in the principal structure or use served; and
4. Is located on the same zoning lot as the principal structure or use served. (See
Section 17.06.01.D1 regarding beginning any accessory structure or use prior to the
principal structure or use.)
B. Permitted Accessory Uses. Any structure or use that complies with the terms of
Section 17.06.01.A may be allowed as an accessory use or structure and may be
included, but is not limited to the following list:*
1. Signs, when permitted by Chapter 17.07 of these regulations.
2. Off-street parking and loading space as regulated by Chapter 17.05 of these
regulations, including detached garages and carports, shall meet the following
square foot standards for single and two family dwelling units and all types of
manufactured and mobile homes such structures per zoning lot, including incidental
space for storage and other uses shall meet the following standards:
Lot Size
Not over 20,000 square feet


Over 20,000 square feet and not
more than one (1) acre in size
Lots over one (1) acre in size



Accessory Garage and Carport
Maximum square feet
Not over 720 square feet in gross floor
area
600 square feet for a carport unless a
conditional use is approved by the
Board of Zoning Appeals for a larger
structure.
Not exceed 960 square feet
Carports 600 square feet.
Unlimited in size for detached garages
and carports
85
3. Buildings for storage and other purposes accessory to single and two-family
dwelling units and all types of manufactured and mobile homes shall meet the
following standards:
Lot Size
Not over 20,000 square feet

Over 20,000 square feet and not
more than one (1) acre in size
Lots over one (1) acre in size

Detached Accessory buildings
Maximum square feet
Not exceed 250 square feet in gross
floor area, unless a conditional use is
approved by the Board of Zoning
Appeals for a larger building.
Not exceed 500 square feet

Not limited in size
4. No motorized vehicles, truck trailers, shipping containers, portable storage
containers or any portion thereof may be used for storage or any other purpose on
a residential lot than for periodic vehicular parking according to Chapter 17.05.
Motorized vehicles and portions thereof, truck trailers, shipping containers, portable
storage containers, or any portion thereof, may be used temporarily for refuse
disposal or storage during a period of construction or reconstruction.*Zoning permits
are required only for accessory structures which exceed 100 square feet of ground
area; however, permits are required for all types of fences on any zoning lot. (For
other accessory zoning permits, see Section 17.06.02 for temporary uses, Section
17.06.03 for home occupations, Section 17.05.01 for parking spaces and loading
areas, and Chapter 17.07 for signs.)
5. Recreational vehicles can be parked on a residential lot, provided:
a. A recreational vehicle can be parked temporarily in the front yard up to 48 hours
before and after use, otherwise no portion of a recreational vehicle can be
parked in the front yard setback (see definition of “Yard, Front” in 17.02.09 and
setback dimensions in subject property’s zoning classification).
b. The exception to section 17.06.01.B.5 is if it can be shown by the property owner
that it is dimensionally impossible or physically inaccessible to park a
recreational vehicle in the side or rear yard on the residential lot where the owner
of the recreational vehicle resides. The Community Development Director will
review individual exception petitions and may grant a nonconforming certificate
applicable to the existing owner or renter of the property. Appeal of the
Community Development Director’s decision can be made to the Board of
Appeals according to 17.10 of these regulations.
c. Recreational vehicles, either owned by the property owner or by someone else
visiting the property owner, shall not be utilized for living purposes, except for
temporary lodging of not more than 7 days at one time, and not more than 14
days in a calendar year.
d. The temporary or permanent recreational vehicle storage area must be on
concrete, asphalt, gravel or other hard surfaced material approved by the City of
Valley Center.
6. The outdoor storage of a recreational or motor vehicle shall be restricted to vehicles
owned or leased by the occupant(s) of the lot upon which the vehicles are parked or
stored.
7. Storage outside both above or below ground level of petroleum products for
heating and power purposes or for fueling vehicles related to the operation of the
86
principal use on commercial and industrial lots only and for sale at automobile and
truck service stations.
8. Detached, rack mounted solar equipment; and satellite dish antennas;
provided, that on lots with single-family and duplex dwelling units and all types of
manufactured and mobile homes that the antenna structure shall not be located in
any front yard setback nor in any portion of the area which is parallel to the front
facade of the principle structure. Satellite antenna dishes exceeding one meter
(39.37 inches) in diameter shall not be located on or attached to or mounted on
masts (wireless cable) which are attached to dwelling units or manufactured or
mobile homes nor their accessory garages or storage buildings. If an acceptable
quality signal cannot be received under these restrictions to minimize visual impact
and to provide safety, the Zoning Administrator may approve an alternative location
suitable for reception. (See Section 17.02.09 for definition of HEIGHT, MAXIMUM
for wireless cable antenna height.)
9. Communication structures, antennas and aerials. (See Section 17.02.09 for
definition of HEIGHT, MAXIMUM and Section 17.06.01.B6 above for satellite dish
antennas.)
10. Storm shelters, children's playhouses, statuary, arbors, trellises, barbecue stoves,
flagpoles, fences, walls, bathhouses and permanent-type swimming pools; provided,
the latter are enclosed by a security-type fence for the protection of young children
in residential districts only as approved by the Zoning Administrator regardless of
whether the pool is above or below ground.
11. Guest houses without kitchen facilities or rooms for guests in an accessory building;
provided, such facilities are used for the occasional housing of guests of the
occupants of the principal building and not as rental units for permanent occupancy
as housekeeping units.
12. Restaurants, pharmacies, gift shops, beauty parlors, barber shops and newsstands
when located in a permitted hotel or motel.
13. For employees only, child care centers and restaurants when located in a permitted
business or industrial building.
14. Recycling collection centers, large and small. (See Section 17.02.09 for definition of
RECYCLING CENTER.)
15. Outdoor storage shall not be permitted as an accessory use, except as specifically
permitted in these regulations. (See Section 17.02.09 for definition of STORAGE,
OUTSIDE and Section 17.03.35.C for manufactured/mobile homes as storage
structures.)
16. Use of a building for community, governmental, fraternal, religious and similar
functions are recognized related accessory uses in all zoning districts for assembly
facilities such as churches, schools, governmental buildings, fraternal organizations
and the like. Periodically such facilities may also be used for functions not regularly
scheduled as a related accessory use where safety and health regulations are
observed and parking is adequate. On the other hand, where a building is designed
to be used and available to the public on a regular basis for a variety of social and
business functions, a conditional use is required in any district to ascertain if the
appropriate facilities are or can be made available such as applicable safety and
health regulations as well as access, parking space, hours of operation and related
outdoor activities and promotional signage and displays.
17. Large trucks and commercial truck trailers may be parked on lots in the R-1A, R-1B,
R-2, R-3, MH-1, C-1 and C-2 Districts for a period not to exceed 24 hours for the
purposes of loading and unloading household goods, fuel, merchandise, fixtures,
87
materials and similar items. Also such trucks must not be left running or idling when
parked. Large trucks and commercial truck trailers may be parked in A-1 and RR-1
with the approval of a conditional use for a stated period of time. Large trucks and
commercial truck trailers may be parked in I-1 and I-2 districts for an indefinite
period of time.
C. Bulk Regulations.
1. Accessory structures and uses shall maintain the same side and front yard setback
as is required for the principal structure, unless they are a permitted obstruction
within the provisions of Section 17.03.30. (See Section 17.05.01.A4 for parking
spaces.)
2. Accessory structures shall be set back at least ten (10) feet from the rear lot line,
except that garages with entrances facing alleys shall be set back at least 20 feet.
(See Section 17.09.02.1A for zoning permits on easements.)
3. No part of any accessory building shall be located closer than five (5) feet to any
principal structure, unless it is attached to and forms a part of the principal structure.
4. Accessory structures and uses shall otherwise comply with the bulk regulations
applicable in the district in which they are located, except that in residential districts
no accessory building shall be more than one story high nor exceed 20 feet in
height.
D. Use Limitations. All accessory structures and uses shall comply with the use
regulations applicable in the zoning district in which they are located with the following
additional use limitations:
1. No accessory structure shall be constructed and occupied or a use started on any
zoning lot prior to the time construction begins on the principal structure or use to
which it is accessory, except for airplane hangars built on lots with our without public
street frontage, and are associated with an airport, provided setbacks to lot lines
meet the minimum zoning requirements of the District and provision for not less than
a 10 foot wide access easement to a public right-of-way exists or is created prior to
issuance of a building permit.
2. Conversely, no accessory structure shall continue to exist and the property owner is
required to remove all accessory structures within 3 months of the removal of the
principal building, unless the owner signs a letter of intent to apply for a building
permit for a principal structure on the same zoning lot (See Section 17.6.01.A.4
regarding same zoning lot.). This requirement does not apply if the prinicipal building
has been severely damaged or destroyed by natural catastrophe or fire, provided the
principal building is rebuilt and occupied within 24 months of its destruction.
17.06.02 Temporary Uses Permitted. The following uses of land are permitted in each
zoning district unless specifically restricted to particular zoning districts and are subject to the
regulations and time limits which follow and to the other applicable regulations of the district in
which the use is permitted:*
A. Other than the traditional “Fall Festival” and honor to Veterans Activities, temporary
permits for carnivals, circuses, musical concerts, or similar outdoor events and haunted
houses at Halloween must be approved with possible conditions by the Zoning
Administrator. If the event is using city own facilities, then it must be approved by the
Governing Body. Such uses need not comply with the bulk or lot size requirements;
provided that structures or equipment which might block the view of operators of motor
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vehicles on the public streets shall meet the requirements of the vision triangle. (See
Section 17.02.09 for definition of VISION TRIANGLE.)
B. Christmas tree sales in any agricultural, business or industrial district for a period not to
exceed 60 days. Display of Christmas trees need not comply with the yard and setback
requirements of these regulations; provided, that no tree shall be displayed within the
dimensions of a vision triangle. (See Section 17.02.09 for definition of VISION
TRIANGLE.)
*Temporary permits are only required for events provided for in Section 17.06.02A. A recycling
center is required to obtain such a permit, but no fee is charged.
C. Contractors' offices, equipment sheds and open storage areas which are accessory to a
construction project and remain on the site only during the duration of such project.
Similarly, a model home or a portion thereof may be used as a real estate sales office
on the site of large scale residential developments.
D. Seasonal sale of farm produce grown on the premises in a single-family residential
district to continue for not more than six months per year. Small, temporary structures
on private property incidental to such sale need not comply with the applicable front yard
requirements.
E. Promotional activities of retail merchants involving the temporary display of goods and
merchandise may be conducted outside of enclosed buildings for a period of not more
than four consecutive weeks in any four month period in an area adjacent to the building
subject to the following conditions:
1. No portion of the display shall be on publicly owned property, unless the applicant
shall first have obtained approval for such use from the City.
2. These provisions shall in no way be deemed to authorize the outdoor display or the
sale of used goods such as furniture, appliances, plumbing, housewares, building
material or similar display or sale in any business or industrial districts, unless
permitted otherwise by these regulations.
F. Periodic conduct of what is commonly called "garage or yard sales" which do not exceed
a period of more than three days during any one sale and no more than two sales to be
held at the same residence during any calendar year plus the Annual City-wide Garage
Sale.
G. Recycling centers, small and large, periodically operated not for profit in business and
industrial districts only for not more than 10 days in one period and for no more than 12
times during any 12-month period consistent with adequate provisions for public health
and safety. (See Section 17.06.02 for temporary zoning permit.)
H. Fireworks sales limited to the C-2 General Business District. (See City ordinance.)
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17.06.03 Home Occupations Authorization. Home occupations that are customarily
incidental to the principal use of a residential building or any type of manufactured or mobile
home shall be permitted; provided, that the residential appearance of the building or home is
maintained and no undue traffic or parking problems are created. If such a home occupation is
conducted in a business or industrial district as a legal, nonconforming use, all the provisions of
this section must be adhered to unless a zoning permit is obtained to operate the property and
structure(s) thereon as a use meeting all the provisions of the applicable business or industrial
district. (*Zoning permits are required only when a home occupation sign is displayed or an accessory
structure is used.)
A. Definition. A business, profession, occupation, or trade conducted for gain or support
entirely within a residential building or any type of manufactured or mobile home, or
within a permitted structure that is accessory to such a building or home.
B. Use Limitations. In addition to all of the use limitations applicable to the district in
which it is located, no home occupation shall be permitted unless it complies with the
following restrictions:
1. The home occupation shall be conducted entirely within the principle residential
structure or a garage, swimming pool or an accessory storage structure. (See
Sections 17.06.01.B1 and 3 for limitations on garages and storage structures.)
2. No exterior alteration of the principal residential structure shall be made which
changes the character thereof as a residence or causes goods to be displayed
visibly from the residence or on the premises.
3. No more than 25% of the gross floor area of the residence shall be devoted to the
home occupation; provided, that rooms let to boarders and roomers or used by child
care facilities are not subject to this limitation. (See Section 17.02.09 for definition of
BOARDING OR ROOMING HOUSE.)
4. Goods or stock for sale on or off the premises may be stored in enclosed areas,
except articles which may constitute a hazard to the safety of adjacent property
owners or tenants.
5. There shall be no outdoor storage of equipment or materials used in the home
occupation.
6. No equipment or process shall be used which shall create undue noise, smoke or
particulate matter emission, vibrations or odors which are detectable to the normal
senses off the lot. In case of electrical interference, no equipment or process shall
be used which creates a visual effect or an audible interference off the premises in
any radio or television receiver or transmitter or causes fluctuation in the voltage.
7. No more than one person other than a member of the immediate family occupying
such residence shall be employed; provided, that no such person is employed in a
two-family or multiple-family dwelling or in a manufactured/mobile home park.
8. No sign shall be permitted other than that allowed by the applicable regulations in
Chapter 17.07. (See Section 17.07.05.A and B for home occupation sign.)
C. Home Occupations Permitted. Customary home occupations include, but are not
limited to, the following list of occupations; provided, that each listed occupation shall be
subject to the requirements of Section 17.06.03.A and B:
1. Adult care home, Community Based Group Boarding Home, day care home and
family and group day care home. (See Section 17.02.09 for definitions.)
2. Artist, author, composer, photographer or sculptor.
3. Barber or beautician; provided, that only one operator shall be permitted.
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4. Home crafts, such as model making, lapidary work, rug weaving and the like.
5. Minister, priest or rabbi.
6. Office for a route salesperson, sales representative or manufacturer's
representative, where no exchange of tangible goods is made on a regular basis on
the premises.
7. Professional office for an accountant, architect, attorney, building contractor, dentist,
engineer, landscape architect, physician, real estate or insurance agent or a
member of a similar profession.
8. Seamstress or tailor.
9. Teacher, including music and dance instructions; provided that instructions shall be
limited to two pupils at any time.
D. Home Occupations Prohibited. Permitted home occupations shall not in any event be
deemed to include:
1. Animal kennels, or commercial stables.
2. Automobile and other vehicular repair shops or sales of such vehicles which exhibit
a pattern of regular or continuous sales. A person holding a State Vehicle Dealer's
License may not operate as a home occupation. This shall not prevent the periodic
sale of a vehicle which is owned and operated for personal use.
3. Child care centers and preschools, unless specifically permitted by the district
regulations.
4. Churches, chapels, temples or synagogues for regular public worship or religious
services.
5. Dancing schools, except as provided for in Section 17.06.03.C9.
6. Excavating or heavy equipment business.
7. Funeral homes. (See mortuaries and funeral homes in Chapter 17.04, Zoning
Districts.)
8. Grocery stores.
9. Private schools providing educational services for persons outside of the home other
than tutoring.
10. Renting of equipment, furniture, motorcycles, tools or trailers.
11. Repair of diesel or gasoline engines.
12. Restaurants.
13. Sale of firearms or ammunition, but not to prohibit gunsmithing, i.e., the repair of
firearms.
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E. Home Occupation Authorization by Conditional Use. Notwithstanding any other
provisions of these regulations and, in particular, Section 17.06.03.A through D, an
application may be made to the Board of Zoning Appeals for a conditional use as an
exception to allow a home occupation in an agricultural or suburban residential district
which would permit a broader range of home occupations and less restrictions than
otherwise required, so long as in the opinion of the Board under stated conditions that
the effect upon adjacent areas is minimized to the extent feasible and the public interest
served. The intent of such a provision is to provide for a wider range of home
occupational activities while at the same time protecting adjacent properties from the
intrusion of incompatible uses and uses of too great an intensity. In addition to the
procedures and standards for establishing conditional uses as provided for in Section
17.10.09, the Board may, using the use limitation restrictions of Section 17.06.03.B as
guidelines, permit the following variations:
1. Limited outdoor storage of goods, materials and equipment when screened
wherever feasible.
2. Limited outdoor display of goods, when deemed essential to the proper
merchandising of the product.
3. Limited number of additional employees other than members of the immediate family
occupying the dwelling unit may be employed regularly or periodically.
4. Limited outdoor related activity necessary to the conduct of the home occupation.
5. A sign for such home occupation may be increased in size when warranted by the
type of activity.
6. Limitations as to stated periods of operational time such as hours, days and
seasons.
7. Conditions may be attached to the premises and/or to the person(s) conducting the
home occupation.
17.06.04-17.06.99 Reserved
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Signs
CHAPTER 17.07: SIGNS
17.07.01 Sign Permits: No sign, except for signs listed In Section 17.07.04, shall be
constructed, erected, enlarged, relocated or structurally altered until a zoning permit for such
sign has been obtained in accordance with the procedure set out in Chapter 17.09 of these
regulations. No zoning permit for any sign shall be issued unless the sign complies with the
regulations of Chapter 17.07. All signs lawfully existing at the time of passage of these
regulations may remain in use, including those in the status of legal nonconformance. The
purpose of this section is to safeguard the public use of the streets and the sidewalk area and
to equitably enhance the visual environment, (See Section 17.02.09 for definition of SIGN.)
(See K.S.A. 68-2231 for state sign regulations,)
17.07.02 Classification of Signs
A. Classifications
1. Advertising Sign. A sign used to convey political and public service
announcements.
2. Billboard Sign. A permanent outdoor advertising sign, twelve (12) square feet or
larger in size, either freestanding on a pole or painted on a building, which directs
attention to an object, product, place, activity, business, person or persons, service
or interest on or off the premises being advertised.
3. Bulletin Board Sign. A sign that indicates the name of an institution or organization
on whose premises it is located and which contains the name or names of persons
connected with it, and announcements of persons, events or activities occurring at
the institution. Such sign may also present a greeting or similar message.
4. Monument Sign. A low profile sign mounted directly to the ground and such that all
structural braces and poles are encased or covered and shall not be visible.
5. Business Sign. A sign which directs attention to a business or profession
conducted; or to a commodity or service sold, offered or manufactured; or an
entertainment offered on the premises where the sign is located or to which it is
affixed.
6. Construction Sign. A temporary sign indicating the names of designers and
contractors involved in the construction of a project during the construction period
and only on the premises on which the construction is taking place.
7. Identification Sign. A sign giving the name and address of a building, business,
development or establishment. Such signs may be wholly or partly devoted to a
readily recognized symbol.
8. Nameplate Sign. A sign giving the name and/or address of the owner or occupant
of a building or premises on which it is located, and where applicable, their
professional status.
9. Real Estate Sign. A sign pertaining to the sale or lease of the lot or tract of land on
which the sign is located, or to the sale or lease of one or more structures, or a
portion thereof located thereon, including auction signs.
10. Electronic Message Sign. A variable message sign that utilizes computergenerated messages or some other electronic means of changing copy. These signs
include displays using incandescent lamps, LEDs, LCDs or a flipper mat and also
enable changes to be made to messages from locations other than at the sign,
Electronic message signs shall be classified as animated, flashing or moving signs
when the rate of copy and/or graphic changes is more than one change per second.
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Signs
11. Flashing Sign. A sign with an intermittent or flashing light source. Generally, the
sign's message, copy or flashing pattern is constantly repeated.
12. Variable Message Sign. A sign that includes provisions, or the electronic or
mechanical means for, message or copy changes. These signs may include
changeable message or copy with letters and/or numbers mounted in or on a track
system, time and temperature signs, electronic message signs, menu boards, signs
with scrolling faces, and signs with rotating sections or panels (i.e., tri-vision and
similar type displays).
13. Yard Sign. A sign that is typically made of a corrugated plastic on a metal frame that
is pushed into the ground for purposes of advertising which directs attention to an
object, product, place, activity, business, person or persons, service or interest on or
off the premises being advertised.
B. Structural Types
1. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or
attached to, an awning, canopy or marquee that is otherwise permitted by these
regulations. No such sign shall project further below than seven feet from the
ground level or beyond the physical dimensions of the awning, canopy or marquee.
2. Ground Sign. Any sign placed upon, or supported by, the ground independent of
the principal or accessory buildings or structures on the property. Portable signs do
not numerically count as ground signs for the district regulations.
3. Pole Sign. A sign that is mounted on a free-standing pole, the bottom edge of which
sign is seven feet or more above ground level.
4. Projecting Sign. A sign that is wholly or partly dependent upon a building for
support and which projects more than 12 inches from such building.
5. Roof Sign. A sign totally supported on the roof of a building which does not project
more than 12 inches beyond the face of the structure.
6. Temporary Sign. A sign in the form of a banner, pennant, valance or advertising
display constructed of fabric, cardboard, wall-board or other lightweight materials,
with or without a frame, yard signs, flags (not intended to include flags of any
nation), twirling or sandwich type signs, inflatables, sidewalk or curb signs and
balloons or other gas filled figures.
7. Wall Sign. A sign fastened to or painted on a wall of a building or structure in such a
manner that the wall becomes merely the supporting structure or forms the
background surface, and which does not project more than twelve inches from such
building.
8. Portable Signs. Temporary on-site sign designed in such a manner as to be readily
movable and not permanently attached to the premises, such as A-frames, trailer
signs, signs placed on vehicles, beacon lights and other similar signs. Removal of
any wheels shall not change the definition of being readily moveable.
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Signs
17.07.03 General Standards
A. Gross Surface Area of Sign. The entire area within a single continuous perimeter
enclosing the extreme limits of such sign, and in no case passing through or between
any adjacent elements of same. Such perimeter shall not include any structural
elements lying outside the limits of such sign and which do not form an integral part of
the display. When two or more signs are located on a zoning lot, the gross surface area
of all signs on the lot shall not exceed the maximum gross surface per street frontage
set by the applicable district regulations, except as is provided by Section 17.07.03.B.
Signs on interior lots which may be viewed from both directions of the adjacent street
are considered to have a single gross surface area.
B. Corner and Through Lots. On corner and through lots, each lot line that abuts a street
or highway shall be considered a separate street frontage. On corner and through lots,
restrictions that are phased in terms of the number of signs per zoning lot shall be
deemed to permit the allowable number of signs to face each street or highway that
abuts the lot.
C. Height of Sign. The maximum height of signs shall be measured from ground level at
the base of or below the sign to the highest element of the sign and shall be determined
for purposes of Chapter 17.07 as independent from the maximum structure height for
zoning districts.
D. Building and Electrical Codes Applicable. All signs must conform to the structural
design standards of any applicable building code. Wiring of all electrical signs must
conform to any applicable electrical code.
E. Illuminated Signs. Signs shall be shaded wherever necessary to avoid casting bright
light upon property located in any residential district or upon any public street or park.
Any brightly illuminated sign, located on a lot adjacent to or across the street from any
residential district, which is not otherwise shaded and visible from such residential
district, shall not be illuminated between the hours of 11 P.M. and 7 A.M.
F. Other Illumination Signs
1. Electronic Message Sign. A variable message sign that utilizes computergenerated messages or some other electronic means of changing copy. These signs
include displays using incandescent lamps, LEDs, LCDs or a flipper matrix, and also
enable changes to be made to messages from locations other than at the sign.
Electronic message signs shall be classified as animated, flashing or moving signs
when the rate of copy and/or graphic changes is more than one change per second.
2. Flashing Sign. A sign with an intermittent or flashing light source. Generally, the
sign's message, copy or flashing pattern is constantly repeated.
3. Variable Message Sign. A sign that includes provisions, or the electronic or
mechanical means for, message or copy changes. These signs may include
changeable message or copy with letters and/or numbers mounted in or on a track
system, time and temperature signs, electronic message signs, menu boards, signs
with scrolling faces, and signs with rotating sections or panels (i.e., tri-vision and
similar type displays.
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Signs
G. Flashing or Moving Signs. No flashing signs, rotating or moving signs animated signs,
signs with moving lights or signs which create the illusion of movement shall be
permitted in any residential district.
H. Metal and Nonmetal Signs. Signs constructed of metal and illuminated by any means
requiring internal wiring or electrically wired accessory fixtures attached to a metal sign
shall maintain a free clearance to grade of eight feet. Accessory lighting fixtures
attached to a nonmetal frame sign shall also maintain a clearance of eight feet to grade.
Metal or nonmetal signs, whether illuminated or not, shall maintain a clearance of at
least seven feet underneath awnings, canopies or marquees.
I.
Access Way or Window. No sign shall block any access way or window required by
any applicable building, housing, fire or other codes or regulations.
J. Signs on Trees or Utility Poles. No private sign shall be attached to a tree or utility
pole whether on public or private property.
K. Traffic Safety.
1. No sign shall be maintained at any location where by reason of its position, size,
shape or color; it may obstruct, impair, obscure, interfere with the view of, or be
confused with; any traffic control sign, signal or device; or where it may interfere
with, mislead or confuse traffic.
2. No sign shall be located in any vision triangle as defined in Section 17.02.09, except
official traffic signs and signs mounted eight feet or more above the ground whose
supports, not exceeding two, do not exceed 12 inches at the widest dimension and,
thus, do not constitute an obstruction.
L. Location. No sign or structure thereof shall be permitted on a public right-of-way or
public easement, except temporary real estate and garage sale signs may be placed on
the public right-of-way with the approval of the adjacent landowner to provide direction
to the property; provided, that such signs do not obstruct traffic visibility. Such signs may
only be displayed during an open house or a garage sale and must be removed at the
conclusion of such open house or sale. No sign shall be permitted in a public right-ofway or public easement, except with the approval of the Board of Zoning Appeals as a
conditional use, or as a permitted use in the C-1 Central Business District when the
lowest part of such sign is at least ten feet above the sidewalk area. (See Section
17.07.03.G for clearance of Metal and Nonmetal Signs, Section 17.07.03.L.3 for
portable signs, Section 17.07.04.A.5 for garage sale signs and Section 17.07.04.A.5 for
real estate signs.)
M. Portable Signs. Notwithstanding any other provisions of these regulations and, in
particular, Chapter 17.07, the following provisions apply to the use of portable signs:
1. A portable sign is defined as a temporary on-site sign designed in such a manner as
to be readily movable and not permanently attached to the premises, such as Aframes, trailer signs, signs placed on vehicles, beacon lights and other similar signs.
Removal of any wheels shall not change the definition of being readily moveable.
Any such sign at the top of the sign shall not exceed a height of 10 feet above grade
level nor 40 square feet in gross surface area.
2. All portable signs shall be anchored or weighted to prevent wind damage. Proper
maintenance of such signs is the responsibility of the permit holder with particular
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Signs
attention to the condition of the lettering, loose or missing parts and painted
surfaces. Improperly maintained signs as determined by the Zoning Administrator
shall have their permits revoked.
3. All the general standards of Sections 17.07.03.A through L are applicable to portable
signs, except that in Section 17.07.03.L such signs may project over or be located
on public easements, but not the public street right-of-way. No such signs shall be
placed on the roof of structures.
4. Whereas portable signs are not required to set back any minimum distance from lot
fines in any zoning district, the Zoning Administrator shall, in his or her discretion,
strictly enforce the traffic safety provisions of Section 17.07.03.J.1, especially at
comer intersections and driveway entrances and exits.
5. In all zoning districts, except residential districts, portable signs are permitted;
however, any such sign shall not be located closer than 50 feet to another such sign
when measured along the frontage when the latter is located on the same zoning lot.
6. In all residential districts only portable signs are permitted which limit their messages
to the following subjects:
a. Announcements of special occasions or activities of nonprofit organizations such
as churches and fraternal and service clubs.
b. Announcements related to personal or family events such as "Happy Birthday”
and the like.
The above signs are limited to a display period of not more than 15 days for any one
announcement with the gross surface area not to exceed 32 square feet and only
one sign at a time permitted on the premises of the party making the announcement.
7. In addition to the provisions of Sections 17.07.03.D and E, strobe light sources or
flashing bulbs or signs which create the illusion of movement shall not be permitted
on portable signs in any district. Electrified portable signs shall not be connected to
any electrical power source except during the hours when the business, office or
institution is open. Electrical lines shall not be permitted to lie on the ground where
vehicular traffic or pedestrian passage is allowed and the use of extension cords for
portable signs is prohibited. Ground Fault Circuit Interrupters (G.F.C.I.) are required
on all electrified signs.
8. A zoning permit for each portable sign must be obtained for each 30 day period or
part thereof when the sign remains on the zoning lot. An applicant will be charged for
each zoning permit, except that permits for nonprofit organizations will be issued for
15 days at no charge. A signed and dated letter of authorization from the owner of
the property on which the sign is to be located shall accompany the application. No
portable signs will be used as an advertising sign by the definition in Section
17.07.02.A.1.
9. No portable sign shall be displayed for a period exceeding 30 days with a minimum
of 30 days elapsing between permits and not more than four zoning permits for such
a sign shall be issued to any applicant within the same calendar year. An applicant
may be the owner of the zoning lot on which the portable sign is placed or agents for
businesses or nonprofit organizations. A portable sign shall not remain visible on any
zoning lot unless a valid permit has been obtained. All portable signs shall bear an
identification marker to indicate the owners name and some system of identifying the
individual sign, e.g., by number.
10. Any unauthorized portable sign placed on public property, including the public street
right-of-way, is declared to be a public nuisance and be the cause of its removal and
impoundment without notice. If not redeemed within 30 days by the owner paying a
service charge, the City may dispose of the sign in any manner deemed appropriate,
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Signs
The Zoning Administrator may revoke the permit for any sign deemed to be in
violation of this Section, Section 17.07.03.L, or of any condition on which the permit
was based and order its removal within a reasonable period consistent with public
safety.
N. Temporary Signs
1. A temporary sign, as defined in 17.07.02.B (Structural Types), must be displayed on
the premises of the petitioner.
2. Seasonal or holiday signs shall always be considered as temporary signs.
3. Temporary signs shall obtain a permit under the provisions of Section 17.07.01.
Time limits for display of temporary signs shall be specifically stated on the sign
permit.
4. Temporary signs shall not be displayed not more than four times per calendar year,
with each display not exceeding 30 consecutive days, and not more than a total of
120 days in one year. A separation of at least 7 days must occur between permits.
5. Temporary signs shall not exceed 32 square feet in gross surface area. The number
of temporary signs on a single permit shall not exceed 1 sign for every 110 feet of
street frontage.
O. Banner Signs. Notwithstanding any other provisions of these regulations and in
particular 17.07, the following provisions apply to the use of banner sign:
1. A maximum of three banner signs are allowed all of which are completely attached
to a building.
2. No zoning permit is required. (See Section 17.07.02.B.3 for Banner Signs as
structural types.)
P. Fireworks Stand Signage. Each Fireworks stand is limited to a maximum of three
signs advertising the stand with a combined sign area of 216 square feet. No off-site
fireworks signs are allowed.
17.07.04 Exemptions
A. The following signs shall be exempt from the requirements of this Section:
1. Signs of a duly constituted governmental body, including traffic or similar regulatory
devices, legal notices, warnings at railroad crossings, and other instructional or
regulatory signs having to do with health, hazards, parking, swimming, dumping, etc.
2. “Wayfinding” Signs installed by the City of Valley Center within the public right-ofway of major thoroughfares, for the purpose of identifying public buildings (such as
schools, city hall, library, post office), recreational areas, and the Downtown
Business District.
3. Flags or emblems of a government or of a political, civic, philanthropic, educational
or religious organization, when displayed on private property.
4. Small signs, not exceeding five square feet in gross surface area displayed on
private property for the convenience of the public, including signs to identify entrance
and exit drives, parking areas, one-way drives, rest rooms, freight entrances and the
like.
5. Address numerals and other signs required to be maintained by law, rule or
regulation; provided that the content and size of a sign does not exceed such
requirements.
6. Garage sale signs not exceeding four square feet in gross surface area, as long as
they are not within the public right-of-way and are not hindering on-coming traffic at
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Signs
intersections subject to vision triangle regulations in 17.07.37.
7. Memorial signs which are displayed on private property.
8. Scoreboards in athletic fields or stadiums.
9. Political campaign signs, either in the form of a yard sign or a sign not exceeding 32
square feet in gross surface area, which are displayed at least 15 feet from the back
side of a curb of a street or from the edge of a pavement where no curb exists. Such
signs must be removed 48 hours after a candidate is elected to office or is
eliminated from further participation in the election as a candidate with similar
provisions for bond issues and other ballot issues. Such signs may also be displayed
as advertising signs where permitted by Section 17.07.05.
10. Ideological yard signs such as may pertain to religious or political expressions or
personal beliefs when located on private property of the proponent and not
otherwise in a public right-of-way, a sight obstruction in a vision triangle or on public
property or structures such as utility poles. Such signs cannot be displayed more
than 45 consecutive days in a calendar year.
B. The following signs are exempt from the zoning permit requirements of Section
17.07.01, but shall comply with all of the other regulations imposed by this Section:
1. Nameplate signs not exceeding two square feet in gross surface area accessory to a
residential building, including all types of manufactured and mobile homes.
2. Identification signs not exceeding 32 square feet in gross surface area accessory to
a multiple-family dwelling.
3. Bulletin board signs not exceeding 32 square feet in gross surface area accessory to
a church, school or public or nonprofit institution.
4. Business signs when located on property used for agricultural purposes and
pertaining to the sale of agricultural products produced on the premises.
5. Real estate signs not exceeding six square feet in gross surface area and which
pertain to the sale or lease of the lot or tract or structure on which the sign is located,
except for the provision of Section 17.7.03.K.
6. A yard sign that display’s the name of the contractor who was issued a permit for
any type of construction or remodeling work (roof, window replacement, addition,
etc.) will be allowed from the date of the building permit has been granted by the City
until 14 days after completion, at which time the sign must be removed.
17.07.05 Prohibited Signs
The following signs are prohibited in the Corporate Limits of the City of Valley Center:
A. Yard signs, as defined in 17.07.02, other than those entities that are exempt from the
provisions of this ordinance in sections 17.07.03.N (Temporary signs) and 17.07.04.
(Exempt Signs)
B. Billboards, as defined in 17.07.02
C. Signage on a Truck. An advertising sign attached or painted on a truck or truck trailer
which is parked on a property not associated with the business being advertised.
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Signs
17.07.06 District Regulations
A. A-1 Agricultural District and RR-1 Suburban Residential District
1. Functional Types Permitted:
a. Advertising signs.
b. Bulletin board signs.
c. Business signs pertaining to agricultural products produced on the premises,
home occupations and other businesses.
d. Construction signs.
e. Identification signs.
f. Nameplate signs.
g. Real estate signs.
2. Structural Types Permitted:
a. Ground signs.
b. Monument signs
c. Pole signs-only allowed along North Broadway Avenue.
d. Wall signs.
3. Number of Signs Permitted: One of each functional type per zoning lot.
4. Maximum Gross Surface Area.
a. Advertising signs: 300 square feet.
b. Bulletin board signs: 40 square feet.
c. Home occupations: 4 square feet or the minimum required by state statutes.
d. Agricultural signs: 20 square feet.
e. Construction signs: 20 square feet.
f. Identification signs: 15 square feet.
g. Nameplate signs: 2 square feet.
h. Real estate signs: 12 square feet.
i. Other Businesses not listed: 150 square feet.
5. Maximum Height: 15 feet, except 20 feet for advertising signs.
6. Monument sign: Maximum width of 5 feet, maximum length of 15 feet.
7. Required Setback: None.
8. Illumination: No sign shall be illuminated, except that advertising and bulletin board
signs may be indirectly illuminated with incandescent or fluorescent light and
business signs may be illuminated, but only during business hours.
B. R1A, R-1B, R-2, and R-3 Residential Districts and MH-1 Manufactured Home Park
District
1. Functional Types Permitted:
a. Bulletin board signs.
b. Business signs pertaining to home occupations.
c. Construction signs.
d. Electronic Message sign (non-residential uses)
e. Identification signs.
f. Nameplate signs.
g. Real estate signs.
2. Structural Types Permitted:
a. Ground signs.
b. Monument signs.
c. Wall signs.
d. Business signs pertaining to home occupations shall be affixed flush to the wall
of a building.
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Signs
3. Number of Signs Permitted: One of each functional type per zoning lot except
schools that may have more than one identification sign attached to the structure.
4. Maximum Gross Surface Area:
a. Business signs pertaining to a home occupation: 4 square feet or the minimum
required by state statutes.
b. Construction signs: 40 square feet.
c. Nameplate signs: 2 square feet.
d. Real estate signs: 6 square feet per lot; provided, that one sign not more than
100 square feet in area announcing the sale of lots and/or houses in a
subdivision may be located on such development. Such sign shall be removed
when 90% of the lots in the subdivision have been sold.
e. For non-residential uses other than those licensed by the Kansas Department of
Health and Environment, apartment/condominium complexes, or a subdivision
identification sign: 32 square feet.
5. Maximum Height:
a. 15 feet; provided, that signs associated with one and two-family dwellings and all
types of manufactured and mobile homes shall not be located at a height greater
than eight feet above ground floor elevation.
b. Monument sign: Maximum width of 5 feet, maximum length of 15 feet.
6. Required Setback: 10 feet from the front lot line, except temporary real estate and
garage sale signs, and none from the side yard setbacks.
7. Illumination: No sign shall be illuminated, except that bulletin board and
identification signs may be indirectly illuminated within candescent or fluorescent
light.
C. C-1 Central Business District
1. Functional Types Permitted: Any type listed in Section 17.07.02.A.
2. Structural Types Permitted: Any type listed in Section 17.07.02.B, except for Pole
signs.
4. Maximum Gross Surface Area: Three square feet of sign area for each one foot
lineal street frontage; provided, no single sign shall exceed a gross surface area of
100 square feet, except for advertising signs that shall not exceed 200 square feet,
and for a monument sign, a maximum width of 5 feet, and a maximum length of 15
feet.
5. Maximum Height: 30 feet, except that roof signs may not exceed a height of five
feet above the highest point of the roof line.
6. Required Setback: No minimum required.
7. Illumination: Illuminated signs shall be permitted.
D. C-2 General Business District
1. Functional Types Permitted: Any type listed in Section 17.07.02.A.
2. Structural Types Permitted: Any type listed in Section 17.07.02.B.
4. Maximum Gross Surface Area: Two square feet of sign area for each one foot
feet.
5. Maximum Height: 30 feet, except that roof signs may not exceed a height of five
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Signs
feet above the highest point of the roof line.
7. Illumination: Illuminated signs shall be permitted.
E. I-Industrial District
1. Functional Types Permitted: Any types listed in Section 17.07.02.A.
2. Structural Types Permitted: Any types listed in Section 17.07.02.B, except for Pole
signs unless located along North Broadway Avenue.
3. Number of Signs Permitted: No limitation.
4. Maximum Gross Surface Area: Three square feet of sign area for each one foot
feet.
5. Maximum Height:
a. Wall and roof signs: 5 feet above the highest point of the roof line on which such
sign is located.
b. All other signs: 30 feet.
7. Illumination: illuminated signs shall be permitted.
17.07.07 Sign Maintenance
A. All signs or portions thereof that are not maintained in good repair, are no longer used
for advertising purposes or are no longer clearly legible, and accessory signs that no
longer advertise the business conducted on the premises, shall be brought into
compliance with this section or removed.
B. Prior to the issuance of a citation for a violation of sign maintenance, the City Zoning
Administrator shall first serve 30 days prior written notice of the violation upon any
person or persons who were cited for the violation. The written notice shall notify such
person(s) of the apparent violation of sign maintenance and state that the violation must
be abated within 30 days or else a citation for the violation may be issued to such
person(s) by the City.
17.07.08 Removal of Abandoned, Illegal, Nonconforming or Obsolete Signs
A. The following provisions shall apply for the removal of abandoned, illegal
nonconforming, or obsolete signs:
1. Any sign that is located on a property which becomes vacant and unoccupied for a
period of 30 days, shall be deemed to have been abandoned. Permanent signs
applicable to a business temporarily suspended because of a change of ownership
or management of such business shall not be deemed abandoned unless the
property remains vacant for a period of six months or more. An abandoned sign is
prohibited and shall be removed within thirty days after notification by the Zoning
Administrator. To constitute removal of the sign, the face is covered, cleaned or
removed.
2. Any sign that is declared to be an illegal sign, one that is erected or placed in
violation of this Zoning Code or other applicable code, shall be removed
immediately.
3. When fifty (50) percent or more of the sign structure of any nonconforming sign is
removed, (including poles, cabinet or support structure), the sign structure shall only
be replaced so as to comply with all applicable provisions of these Zoning
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Signs
Regulations.
4. Any sign or sign structure found by the Community Development to present an
immediate danger to the public shall be immediately repaired or removed.
5. Freestanding sign structures used in conjunction with a building or portion of a
building that is vacant shall be considered as abandoned upon one (1) year of the
building or portion of the building becoming vacant and shall be removed.
6. The owner or lessee of the property on which the sign is located shall be responsible
for its removal and shall be subject to the general penalties clause of these Zoning
Regulations for failure to comply with the provisions stated herein.
17.07.09-17.07.99 Reserved
103
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Signs
Nonconforming Lots, Structures and Uses
CHAPTER 17.08.00: NONCONFORMING LOTS, STRUCTURES & USES
17.08.01 Purpose. The purpose of this Section is to (1) provide for the regulation of
nonconforming lots, buildings, structures and uses; and (2) specify those circumstances and
conditions under which such nonconformities shall be permitted to continue. The right to
continue a nonconforming lot, building, structure or use shall not be affected by a change in
ownership or operator of the structure or use unless such ownership or operator is a condition
attached to an approval for a special or conditional use. Definitions of such nonconformities are
as follow: (See Section 17.08.08 for Registration of Nonconformities and Exemptions.)
A. Nonconforming Lot of Record. A zoning lot which is shown by a recorded plat or
deed to have been owned separately and individually from adjoining tracts of land at a
time when the creation of a lot of such size and width at such location would not have
been prohibited by any zoning regulations and such lot now neither complies with the lot
area requirements or the width for any permitted uses in the zoning district in which it is
located.
B. Nonconforming Structure. An existing building or structure which does not comply
with the maximum lot coverage and height or the minimum yard requirements which are
applicable to new structures in the zoning district in which it is located.
C. Nonconforming Use. An existing use of a structure or land which does not comply with
the use regulations applicable to new uses in the zoning district in which it is located.
D. Nonconformity. A nonconforming lot, use or structure that does not comply with
currently applicable regulations, but that complied with zoning regulations in effect at the
time it was legally established. (See Sections 17.08.01.A, B and C.)
17.08.02 Nonconforming Lots of Record.
A. In Any Residential District.
1. Notwithstanding the regulations imposed by any other provision of these regulations,
a single-family detached dwelling or any type of manufactured or mobile home which
is a permitted use and complies with the restrictions in 17.08.02.A2 may be located
on a lot(s) in the same ownership that is not less than 50 feet in width with public
water supply and sewerage and that consists entirely of a tract of land that:
a. Has less than the prescribed minimum lot area, width or depth, or all three; and
b. Is shown by a recorded plat or deed to have been owned separately and
individually from adjoining tracts of land at a time when the creation of a lot of
such size and width at such location would not have been prohibited by any
zoning regulations.
2. Construction permitted by Section 17.08.02.A1 shall comply with all of the
regulations except lot area, width and depth applicable to a single-family detached
dwelling or any type of manufactured or mobile home in the zoning district in which
the lot in question is located; provided, however, that the following side yard
requirements shall apply in place of the side yard requirements otherwise applicable:
a. The structure shall be placed on the lot so as to provide a yard on each side of
the dwelling.
b. The sum of the widths of the two side yards on each lot shall be not less than the
smaller of:
1) 20% of the width of the lot, or
2) The minimum total for both side yards prescribed by the bulk regulations for
the zoning district.
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c. In any case, neither side yard resulting from the methods permitted in Section
17.08.02.A.2b shall be less than five feet wide.
d. When a yard is also considered to be a front yard on a corner lot, one of the front
yards comprising part of the lot width may be reduced to 15 feet; provided, that a
driveway to a parking space must maintain a length of at least 20 feet from the
front lot line.
B. In Districts Other than Residential Districts:
1. Notwithstanding the regulations imposed by any other provision of these regulations,
a structure designed for any permitted use may be erected on a lot of the type
described in Section 17.08.02.A1.
2. Construction permitted by Section 17.08.02.B1 shall comply with all of the
regulations except minimum lot area, width and depth applicable in the zoning
district in which the lot in question is located; provided, that the width of any side
yard must not be less than that derived by applying the following formula (wherein
the width of any side yard required = w):
Actual lot width
X
Minimum side yard required by district regulations
w = ───────────────────────────────────────────────────
Minimum lot width required by district regulations
17.08.03 Nonconforming Structures.
A. Authority to Continue. Any structure which is devoted to a use which is permitted in
the zoning district in which it is located, but which is located on a lot which does not
comply with the applicable lot size requirements and/or the applicable bulk regulations,
may be continued, so long as it remains otherwise lawful, subject to the restrictions in
Sections 17.08.03.B through 17.08.03.D.
B. Enlargement, Repair or Alterations. Any such structure described in Section
17.08.03.A may be enlarged, maintained, repaired or structurally altered; provided,
however, that no such enlargement, maintenance, repair or alteration shall either create
any additional nonconformity or increase the degree of existing nonconformity of all or
any part of such structure, except that as to structures located on a lot that does not
comply with the applicable lot size requirements, the side yard requirements shall be
determined by Sections 17.08.02.A2 or 17.08.02.B2, whichever is applicable.
C. Damage. In the event that any structure described in Section 17.08.03.A is damaged,
by any means except flooding, to the extent of more than 50% of its fair market value,
such structure shall not be restored unless it shall thereafter conform to the regulations
for the zoning district in which it is located; provided, that structures located on a lot that
does not comply with the applicable lot size requirements shall not in any event be
required to provide a side yard that exceeds the yard requirements in Sections
17.08.02.A2 or B2, whichever is applicable. When a structure is damaged to the extent
of 50% or less of its fair market value, no repairs or restoration shall be made unless a
zoning permit is obtained and restoration is actually begun within one year after the date
of such partial destruction and is diligently pursued to completion. If the applicant is
aggrieved by the decision of the Zoning Administrator in approving the percent of
damage to the value of the structure based on data submitted by the applicant, an
appeal may be made to the Board of Zoning Appeals for a determination. (See Section
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17.08.06 for Nonconforming Nonresidential Structures and Uses)
D. Moving. No structure described in Section 17.08.03.A shall be moved in whole or in
part for any distance whatever, to any other location on the same or any other lot,
unless the entire structure shall thereafter conform to the regulations of the zoning
district in which it is located after being moved. (See Section 17.03.28 for Moving
Structures.)
17.08.04 Nonconforming Uses.
A. Authority to Continue. Any lawfully existing nonconforming use of part or all of a
structure or any lawfully existing nonconforming use of land, not involving a structure or
only involving a structure which is accessory to such use of land, may be continued, so
long as otherwise lawful, subject to the regulations contained in Sections 17.08.04.B
through 17.08.04.J.
B. Ordinary Repair and Maintenance.
1. Normal maintenance and incidental repair or replacement, installation or relocation
of nonbearing walls, nonbearing partitions, fixtures, wiring or plumbing, may be
performed on any structure that is devoted in whole or in part to a nonconforming
use; provided, however, that this subsection shall not be deemed to authorize any
violation of Sections 17.08.04.C through I of these regulations.
2. Nothing in these regulations shall be deemed to prevent the strengthening or
restoring to a safe condition of a structure in accordance with an order of a public
official who is charged with protecting the public safety and who declares such
structure to be unsafe and orders its restoration to a safe condition provided that
such restoration will not be in violation of Section 17.08.04.F of these regulations.
C. Structural Alteration. No structure that is devoted in whole or in part to a
nonconforming use shall be structurally altered unless the entire structure and use
thereof shall thereafter conform to all regulations of the zoning district in which it is
located.
D. Extension.
1. Extension of a nonconforming use is permitted within a nonconforming structure to
any portion of the floor area that was not occupied by such nonconforming use on
the effective date of these regulations or on the effective date of the original City
Zoning Regulations or a subsequent amendment heretofore that caused such use to
become nonconforming; provided, however, that no structural alterations shall be
made unless such changes, and the use thereof, conform to the regulations of the
district in which the structure is located.
2. Extension of a nonconforming use of a part of a structure is not permitted if all or
substantially all of the structure is designed or intended for a use which is permitted
in the district in which the structure is located, nor shall the use be changed to any
other nonconforming use.
3. Extension of a nonconforming use is not permitted to any structure or land area
other than the one actually occupied or used by such nonconforming use on the
effective date of these regulations or on the effective date of the original City Zoning
Regulations or a subsequent amendment heretofore that caused such use to
become nonconforming.
107
E. Enlargement. No structure that is devoted in whole or in part to a nonconforming use
shall be enlarged or added to in any manner unless such structure and the use thereof
shall thereafter conform to the regulations of the district in which it is located.
F. Damage. In the event that any structure that is devoted in whole or in part to a
nonconforming use is damaged, by any means except flooding, to the extent of more
than 50% of its fair market value, such structure shall not be restored unless such
structure and the use thereof shall thereafter conform to all regulations of the zoning
district in which it is located. When such damage is 50% or less of the fair market value,
no repairs or restoration shall be made unless a zoning permit is obtained, and
restoration is actually begun within one year after the date of such partial damage and is
diligently pursued to completion. If the applicant is aggrieved by the decision of the
Zoning Administrator in approving the percent of damage to the value of the structure
based on data submitted by the applicant, an appeal may be made to the Board of
Zoning Appeals for a determination. (See Section 17.08.06 for Nonconforming
Nonresidential Structures and Uses.
G. Moving. No structure that is devoted in whole or in part to a nonconforming use shall
be moved in whole or in part for any distance whatever, to any other location on the
same or any other lot, unless the entire structure and the use thereof shall thereafter
conform to all regulations of the zoning district in which it is located after being so
moved. No nonconforming use of land shall be moved in whole or in part for any
distance whatever, to any other location on the same or any other lot, unless such use
shall thereafter conform to all regulations of the zoning district in which it is located after
being so moved. (See Section 17.03.28 for Moving Structures.).
H. Change in Use. If no structural alterations are made other than those necessary to
repair or maintain the structure as described in Section 17.08.04.B1, a nonconforming
use of a structure may be changed to another nonconforming use of the same or of a
similar type of use or more restrictive use. Similarly, a nonconforming use of land not
involving a structure or involving only an accessory structure may also be changed.
When a nonconforming use has been changed to a more restrictive use or to any
permitted use, it shall not thereafter be changed back to a less restrictive use or to a
nonconforming use. In determining whether a change in use is the same, similar or
more restrictive, the Zoning Administrator shall consider the changes in environmental
factors such as outdoor storage, loading, traffic, parking, noise, lighting, air pollution,
hours of operation, screening and other factors, as well as the provisions available in
Section 17.08.06. (See Section 17.09.02.A for Zoning Permits and Section 17.09.02.B
for Occupancy Certificates.).
I.
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Abandonment.
1. When a nonconforming use of land, not involving a structure, or involving only a
structure which is accessory to the nonconforming use of land, is abandoned for a
period of six consecutive months, such use shall not thereafter be reestablished or
resumed, and any subsequent use or occupancy of such land shall comply with the
regulations of the zoning district in which such land is located.
2. When a nonconforming use of a part or all of a structure which was designed and
intended for any use which is permitted in the zoning district in which such structure
is located, is abandoned for a period of 12 consecutive months, such use shall not
thereafter be reestablished or resumed, and any subsequent use or occupancy of
such structure shall comply with the regulations of the zoning district in which such
structure is located.
3. When a nonconforming use of a part or all of a structure which was not designed
and intended for any use which is permitted in the zoning district in which such
structure is located, is abandoned for a period of 12 consecutive months, such use
shall not thereafter be reestablished or resumed, and any subsequent use or
occupancy of such structure shall comply with the regulations of the zoning district in
which such structure is located.
J. Nonconforming Accessory Uses.
No use which is accessory to a principal
nonconforming use shall continue after such principal use shall cease or terminate.
17.08.05 Nonconforming Residential Structures.
Notwithstanding the provisions of
Sections 17.08.04.C, D and E, any structure which is devoted to a residential use and which is
located in a business or industrial district, may be structurally altered, extended, expanded and
enlarged; provided, that after any such alteration, extension, expansion or enlargement, such
structure shall not be used to accommodate a greater number of dwelling or lodging units than
such structure accommodated prior to any such work unless specifically permitted by the
district.
17.08.06 Nonconforming Nonresidential Structures and Uses. Notwithstanding any other
provisions of these regulations and, in particular, Sections 17.09.03.B and C and 17.09.04.C, D,
E and F, nonconforming nonresidential structures and uses that existed on the day prior to the
effective date of these regulations, may apply on a one time basis only to the Board of Zoning
Appeals for a conditional use to structurally alter, enlarge or reconstruct after damage, or make
extensions to structures or uses including the use of additional land when properly zoned for
the use, so long as in the opinion of the Board under stated conditions that the effect upon
adjacent areas is protected to the extent feasible and the public interest served. (See Section
17.10.08.C6 for Authorized Variances.)
17.08.07 Status of Existing Conditional and Special Uses and Exceptions.
A. The following procedures are to be followed to determine the status of existing
conditional and special uses and exceptions after their reclassification as lawful,
permitted, special or conditional uses in these regulations to avoid nonconformities and
to provide equitable conversions of such uses:
1. Where a use existed prior to the effective date of these regulations and was
previously permitted only as a conditional or special use or as an exception
approved by the Board of Zoning Appeals, such uses shall not be deemed to be
nonconforming, but shall, without further action, be deemed to be a lawful special or
conditional use as now classified with the same conditions applicable as originally
established, unless reclassified now as a permitted use.
2. Where a use existed prior to the effective date of these regulations and any prior
regulations and was or is now classified as a special use or as a conditional use, it
shall be considered to be a lawful, conforming special or conditional use.
Enlargement, extension or alterations to existing structures or land improvements for
expansion of such lawful uses may be made within the area of the zoning lot which
was actually used for such uses on the effective date of these regulations and shall
be subject to all requirements set forth in these regulations as a permitted use.
109
17.08.08 Registration of Nonconformities and Exemptions. (See Sections 17.08.01 for
Nonconformities and 17.03.01 for Exemptions.)
A. Purpose. Registration of nonconformities and exemptions, among other purposes, is to
provide a property owner with a record of their nonconformity or exemption which may
be in effect for many years. Such a record is very desirable since most nonconformities
or exemptions are established in the past and the availability of personal witnesses and
written documentation to confirm their status becomes more difficult due to the passage
of time. This is particularly important since the person claiming the nonconformity or
exemption has the burden to prove their claim by the preponderance of the evidence.
Registration can be especially useful to property owners who may have a nonconformity
or exemption created by changing their zoning status from the unincorporated area of
Sedgwick County to the City Zoning Regulations.
B. Rights Conditioned. A lawfully established nonconformity including exemptions is a
vested right protected by due process which is sometimes referred to as being
'grandfathered-in'. In order to establish such a right, it is essential that it be created or
commenced prior to the enactment of the regulations which restricted its establishment.
A nonconformity or exemption which violated the zoning regulations at its inception has
no lawful right to continue. Once the validity of the nonconformity or exemption has
been determined, it has the right to be sold, inherited, transferred or assigned unless
restricted by a condition attached to a special or conditional use. Certain limitations,
however, may be placed on the expansion, repair, maintenance and continuance of
such nonconformities or exemption as may be determined by the provisions of Chapter
17.08 in these regulations. For example, continuance may be subjected to
abandonment or limited amortization of certain uses.
C. Registration Process. The Zoning Administrator shall establish a process for
registration of nonconformities and exemptions and a system for making determinations
thereof and keeping records of the same. While there shall be no deadline for
registration, property owners anticipating the need for registration should do so at their
earliest convenience.
D. Registration Determination.
The Zoning Administrator shall determine the
qualifications of the lot, use or structure for registration as to its legal, nonconforming
status. Such determination in writing shall be based on the evidence submitted by the
property owner requesting the registration.
E. Appeal. An aggrieved party may appeal the Zoning Administrator’s determination
whether to register or not register the nonconformity or exemption to the Board of
Zoning Appeals. (See Section 17.10.07 pertaining to Appeals.)
17.08.09-17.08.99 Reserved
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Conditional Uses
CHAPTER 17.09: ADMINISTRATION AND ENFORCEMENT
17.09.01 Office of the Zoning Administrator. A Zoning Administrator shall be appointed by
the Mayor with the consent of the City Council. The Zoning Administrator and clerical
assistance as shall be approved from time to time shall administer and enforce these
regulations, except for those duties specifically assigned to the Clerk.
A. Duties of the Zoning Administrator. (See Section 17.09.03 for Enforcement and
Liability.)
1. Approve and issue all zoning permits and occupancy certificates and make and
maintain records thereof.
2. Conduct inspections of buildings, structures and uses of land to determine
compliance with the provisions of these regulations.
3. Maintain a set of administrative forms to assist applicants and to process the cases
considered by the Planning Commission, Board of Zoning Appeals and Governing
Body.
4. Receive, file and forward to the Planning Commission the applications and records
for all amendments and special uses which are initially filed with the Zoning
Administrator. Receive, file and forward to the Board of Zoning Appeals the
applications and records for all variances and conditional uses which are initially filed
with the Zoning Administrator and forward all records of appeals to the Chairperson
of the Board.
5. Maintain permanent and current public records of the zoning regulations, including
but not limited to all official zoning maps, amendments, special uses, appeals,
variances, conditional uses and applications thereof and records of hearing thereon.
6. Provide such technical and clerical assistance as may be required by the Planning
Commission, the Board of Zoning Appeals, the Governing Body and other agencies
and officials in the exercise of their duties relating to these regulations.
7. Maintain for distribution to the public a supply of the current zoning regulations,
zoning map(s) and any rules of the Planning Commission and the Board of Zoning
Appeals. A fee may be charged to defray the cost of printing and distribution.
8. Maintain the official copy of the zoning map(s) showing the district boundaries. Such
map(s) shall be marked "Official copy of zoning district map(s) incorporated into
zoning regulations by adoption of Ordinance No. 1234-11 by the Governing Body of
the City of Valley Center on the 22nd. Day of November, 2011" and shall be open to
inspection and available to the public at all reasonable business hours. Each map
shall be signed by the Mayor and attested to by the Clerk. The effective date shall
be noted on the map and periodic changes indicated by a revision date.
B. Duties of the Clerk. The Clerk shall maintain certain official records and carry out
certain responsibilities in the administration of these regulations as follows:
1. That not less than three copies of these model regulations shall be marked by the
Clerk as "Official Copy as Incorporated by Ordinance No. 1234-11", (i.e., the
ordinance approved by the Governing Body) and all sections or portions thereof
intended to be omitted clearly marked to show any such omissions or showing the
sections, articles, chapters, parts or portions that are incorporated and to which shall
be appended a copy of the incorporating ordinance. Such copies maintained by the
Clerk shall be open to inspection and available to the public at all reasonable
business hours.
2. That the Clerk supply official copies of these regulations similarly marked as
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Conditional Uses
described in Section 17.09.01.B1 to the applicable police department, court, Zoning
Administrator, City Attorney and all administrative departments of the City charged
with the enforcement of these regulations. Subsequent amendments to these
regulations shall be appended to such copies.
3. That such clerical assistance be provided by the Clerk to the Governing Body as to
facilitate and record the actions of the Governing Body in the exercise of their duties
relating to these regulations.
17.09.02 Zoning Permits and Occupancy Certificates.*
A. Zoning Permits.
1. Unless a zoning permit shall first have been obtained from the Zoning Administrator,
the construction, reconstruction, moving or structural alteration of any building or
structure or the improvement of land prior to its use or the use of any land or
structure being changed to any other use, shall not be commenced. For permits
required on accessory uses, temporary uses, home occupations, plans for parking
and loading space and signs, see Sections 17.05, 17.06 and 17.07. Such permits
shall not be issued by any other official, employee, department, board or agency of
the City, except as provided for as a temporary permit in Section 17.06.02. Any
zoning permit issued in conflict with the provisions of these regulations shall be null
and void. (See Section 17.08.04H for Change in Use.)
2. Except for a continuation of an existing use or occupancy, accessory structures or
uses, or additions to existing structures or uses, permits must also meet the
requirements of the City Subdivision regulations and, thus, shall not be issued on
land which is not shown on a recorded plat or replat, or a lot split or exempted from
the platting requirements. If platting or replatting is not required, all of the public
improvements necessary to carry out the requested permit nevertheless may be
required, including dedications in lieu of platting for easements and to widen rightsof-way.
*The City may issue zoning permits and occupancy certificates concurrently with the process of
issuing building and occupancy permits under City building codes.
3. No principal or accessory building or structure or use, or portion thereof, shall be
permitted to locate on or project over any platted or recorded public easement or
over any known utility installation, unless (1) as a sign permitted by Section
17.07.03.K or (2) as an accessory structure or use which is moveable, relocatable or
poses no significant problem to the maintenance of existing public improvement
installations or to such future installations. Ground level extensions such as
concrete slabs or other permanent-type materials are not permitted in or on a public
easement except as extensions of parking spaces, driveways or sidewalks for which
a zoning permit has been or is being issued. In any event, when such structures or
uses are permitted to be located on or project over such easements, the property
owner assumes the risk and liability for any reconstruction or replacement necessary
including fences if any maintenance or other improvements are required by the City
or a utility provider.
4. A zoning permit is not initially required for grading and/or excavating a proposed
construction site unless it exceeds one acre or the site is located in the Flood Plain
and would result in an increase in flood levels. (See Floodplain Regulations in
Article 18.) Any grading or excavating over one acre also will be required to file for a
Notice of Intent (NOI) with the Kansas Department of Health and Environment and
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provide a copy of the NOI to the City of Valley Center.
5. Application. Every application for a zoning permit shall be accompanied by the
following: (See Chapter 17.12 on Site Plan Approval.)
a. A drawing or copy of the recorded plat, in duplicate, of the piece or parcel of
land, lot(s), block(s), parts or portions thereof, drawn to scale showing the actual
dimensions of the zoning lot(s), including any easements thereon.
b. A drawing, in duplicate, drawn as a plot plan to scale and in such form as may,
from time to time, be prescribed by the Zoning Administrator, showing the
location, ground area, height and bulk of (1) all present and proposed
structures, (2) drives, parking spaces and loading areas, (3) building setback
lines in relation to lot lines, (4) waste disposal areas, (5) use to be made of such
present and proposed structures on the land, and (6) other information as may
be required for the proper administration of these regulations such as a drawing
to indicate the height, gross surface area(s) and lighting of a sign to accompany
the required drawing otherwise described in this subsection.
*One copy of such drawings shall be retained by the Zoning Administrator as a public record.
6. Issuance. A zoning permit shall be either issued or disapproved by the Zoning
Administrator within 10 days after the receipt of an application thereof or within such
further period as may be agreed to by the applicant. When the Zoning Administrator
refuses to issue a zoning permit, he shall advise the applicant in writing of the
reasons or the disapproval.
7. Period of Validity. A zoning permit shall become null and void 180 days after the
date on which it is issued, unless within said period construction, reconstruction,
moving or structural alteration of a structure is commenced or a use is commenced.
If the construction or work is abandoned or suspended for any 180-day period after
such a permit is issued, then application must be made to the Zoning Administrator
for an extension of time to continue the project. The Zoning Administrator may grant
reasonable extensions of time provided no changes have been made in any
applicable regulations. If such changes have occurred, application must be made
for a new permit based on the provisions of the new or amended regulations in order
to continue the project, unless Section 17.02.07 applies pertaining to vesting of
single-family residential developments. (See Section 17.02.06 for Effect of Existing
Permits.)
B. Occupancy Certificates. No structure or addition thereto constructed, reconstructed,
moved or altered after the effective date of these regulations shall be occupied or used
for any purpose; and no land vacant on the effective date of these regulations shall be
used for any purpose; and no use of any land or structure shall be changed to any other
use, unless an occupancy certificate shall first have been obtained from the Zoning
Administrator certifying that the proposed use or occupancy complies with all the
provisions of these regulations. (See Section 17.08.04.H for Change in Use.)
1. Application. Every application for a zoning permit shall be deemed to be an
application for an occupancy certificate. Every occupancy certificate shall be in such
form and contain such information as the Administrator shall provide by general rule.
2. Issuance.
a. No occupancy certificate for a structure or addition thereto constructed,
reconstructed, moved or structurally altered or for the new or changed use of any
structure or land shall be issued after the effective date of these regulations until
such work has been completed and the premises inspected and certified by the
Zoning Administrator to be in full and complete compliance with the plans and
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b.
c.
d.
e.
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specifications upon which the zoning permit was issued including the
requirements for utilities, streets and other public improvements in the City
Subdivision Regulations which must either be installed or guaranteed. Direct
access must be available from the frontage of each zoning lot to an opened
public street or otherwise the improvement of the street must be guaranteed by
such methods as stated in the Subdivision Regulations.
An occupancy certificate shall be issued or written notice shall be given to the
applicant stating the reasons why a certificate cannot be issued within 10 days
after the receipt of an application therefore or after the Zoning Administrator is
notified in writing that the structures or premises are ready for occupancy or use.
Pending the issuance of a permanent occupancy certificate, a temporary
occupancy certificate may be issued to be valid for a period not to exceed six
months from its date, when extenuating circumstances not under the control of
the owner occur. The owner may request that a temporary occupancy permit be
issued. Such circumstances may include, but not limited to, extreme weather
conditions preventing completion of on-site improvements, delay of installation or
incomplete public improvements that could possibly cause damage or removal of
on-site improvements, or other similar circumstances that could be deemed to
interfere with the completion of all required improvements. A request for a
temporary occupancy permit shall be accompanied by a performance guarantee
and a schedule for completion of all required improvements to the site.
A written grant of right of entry on the premises shall be executed by the owner
at the time of and in conjunction with the filing of the performance guarantee.
The performance guarantee may consist of a performance bond or escrow
accounts in the amount equal to estimated costs of improvements to be
guaranteed, as evidence by bona fide bids or contracts, and may include
contingency factors for inflation and cost overruns in an amount equal to 25%
more than the estimated cost.
If the required improvements shall not have been installed in accordance with the
performance guarantee, the obligator and surety, if any, shall be liable thereon to
the City for the cost of the improvements not installed. In addition to all equitable
remedies to enforce such guarantee, the proceeds of the security or guarantee
may be claimed and used by the City to secure completion of the improvements.
17.09.03 Enforcement and Liability.
A. It shall be the duty of the Zoning Administrator or any deputies working under his or her
direction to enforce the provisions of these regulations in consultation with the City
Attorney in the following manner:
1. To refuse to issue any zoning permit or occupancy certificate for any building or
structure or use of any premises which would violate any of the provisions herein.
2. To revoke a zoning permit and issue a stop order at any time for a building or
structure or use for which the same was issued when it shall appear (1) that there is
a departure from the plans, specifications or conditions as required under terms of
the permit; (2) that the same was procured by false representation; (3) that it was
issued by mistake, or (4) that it violates any provisions of the zoning regulations.
3. To cause any building, structure, place or premises to be inspected and examined
as required by these regulations and to order in writing the remedying of any
condition found to exist therein or threat in violation of any provisions herein.
4. To institute any appropriate action or proceedings to prevent such unlawful action or
use or to restrain, correct or abate such violation on or about the premises of any
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building or structure which is constructed, built, moved, structurally altered or
reconstructed or land is used in violation of any provisions herein.
B. The Zoning Administrator or designee charged with the enforcement of these
regulations, acting in good faith and without malice in the discharge of the duties
described herein, shall not be personally liable for any damage that may accrue to
persons or property as a result of any act or by reason of an act or omission in the
discharge of such duties. A suit brought against the Administrator because of an act or
omission performed by the Administrator in the enforcement of any provision of these
regulations or other pertinent laws or ordinances implemented through the enforcement
of these regulations shall be defended by the City until final termination of such
proceedings, and any judgment resulting therefrom shall be assumed by the City. (See
K.S.A. 75-6101 et. seq. in general and K.S.A. 75-6109 specifically.)
17.09.04 Violations.
A. Penalties. Pursuant to K.S.A. 12-761, as amended, any violations of these regulations
shall be deemed to be a misdemeanor. The owner or agent of a building, structure or
premises in or upon which a violation of any provision of these regulations has been
committed or shall exist or the lessee or tenant of an entire building or entire premises in
or upon which a violation has been committed or shall exist; or the agent, architect,
building contractor or any other person who commits, takes part or assists in any
violation or who maintains any building, structure or premises in or upon which a
violation has been committed or shall exist, shall be punished by a fine not to exceed
$500 or by imprisonment for not more than six months for each offense or by both such
fine and imprisonment. Each day's violation shall constitute a separate offense.
B. Remedies. In case any building or structure is erected, constructed, reconstructed,
structurally altered, converted or maintained; or any building, structure or land is used or
is proposed to be used in violation of these regulations, the appropriate authorities of the
City of Valley Center, in addition to using other remedies, may institute injunction,
mandamus or other appropriate action or proceeding to prevent such unlawful erection,
construction, reconstruction, alteration, conversion, maintenance or to correct or abate
such violation, or to prevent the occupancy of such building, structure or land. In
addition to the City, any person, the value or use of whose property is or may be
affected by such violation, shall have the authority to maintain suits or actions in any
court of competent jurisdiction to enforce these regulations and to abate nuisances in
violation thereof.
C. Flood Plain Violations. Any person, company, corporation, institution, municipality or
agency of the state who violates any provision of the flood plain provisions of these
regulations shall be subject to the penalties and remedies as provided in Sections
17.09.04.A and B above. Such remedies may also be instituted by the Attorney General
and the Chief Engineer of the Division of Water Resources of the Kansas State Board of
Agriculture.
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17.09.05 Fees. For purposes of wholly or partially defraying the costs of the administrative
and enforcement provisions described in these regulations, including publication costs, the
applicant upon filing an application for an amendment, special use, appeal, conditional use,
variance or a zoning permit including occupancy certificate, shall pay the Clerk a fee according
to the fee schedule approved by the Governing Body. No part of such fee shall thereafter be
refunded except for a zoning permit which is not approved.
17.09.06 Reports. The Zoning Administrator shall periodically report verbally or in writing to
the Governing Body and the Planning Commission a summary of all zoning permits issued
during the preceding period, giving details of any permitted variations, as well as the current
status of all applications in process for amendments, special uses, appeals, conditional uses
and variances. Such a report shall include comments on any problems encountered in the
administration or enforcement of these regulations which may especially be of use at the annual
review established by Section 17.11.06.
17.09.07-17.09.99 Reserved
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CHAPTER 17.10: BOARD OF ZONING APPEALS
17.10.01 Authorization. The Planning Commission as previously established by the
Governing Body has been designated to also serve as the Board of Zoning Appeals as
prescribed by K.S.A. 12-759, as amended, and hereinafter in this Section will be referred to as
the "Board."
17.10.02 General Procedures. All members of the Planning Commission are voting
members of the Board whether they reside inside or outside the city limits and shall serve
without compensation, but may be reimbursed for expenses when authorized by the Governing
Body. All officers of the Planning Commission are officers of the Board including the Secretary.
Public records shall be kept of all official actions of the Board which shall be maintained
separately from the Planning Commission by the Secretary. The Board shall keep minutes of
its proceedings showing evidence presented at hearings, findings of fact, decisions and the
vote of each member upon each question. If absent, abstaining or disqualified from voting,
such fact shall be indicated. Special meetings shall be held at the call of the Chairperson and
at such other times as the Board may determine in its bylaws. Board meetings may be held
separately from a Planning Commission meeting or in conjunction with such a meeting wherein
the Planning Commission may recess a portion of its meeting to conduct business of the Board
and to reconvene to continue the Planning Commission agenda. When a quorum is declared
present, all actions of the Board including appeals, variances and conditional uses as
exceptions shall be made by motion and decided by a majority vote of the members present
and voting.
The Board shall adopt rules for its operation in the form of bylaws which shall include hearing
procedures and will not be in conflict with the ordinance designating the Planning Commission
as the Board, the applicable state statutes and the provisions of these regulations. Such
bylaws shall be subject to the approval of the Governing Body. The Governing Body shall
establish a scale of reasonable fees to be paid in advance by the appealing party.
17.10.03 Jurisdiction. The Board shall have the following jurisdiction and authority as a
quasi-judicial body:
A. To hear and decide appeals where it is alleged there is error in any order, requirement,
decision or determination (all hereinafter referred to collectively as "decision") made by
the Zoning Administrator in the administration and enforcement of these regulations
subject to the procedure and standards set out in Section 17.10.07.
B. To hear and decide on variances from specific terms of these regulations subject to the
procedure and standards set out in Section 17.10.08.
C. To hear and decide on conditional uses as exceptions subject to the procedure and
standards set out in Section 17.10.09.
17.10.04 Notice of Hearing.
A. For the hearing on each appeal for a decision, variance or conditional use; public notice
of the date, time and place of the hearing, the legal description or a general description
sufficient to identify the property under consideration, and a brief description of the
subject of such hearing shall be published once in the official newspaper so that at least
20 days shall elapse between the date of such publication and the date for the hearing.
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B. All notices shall include a statement that a complete legal description is available for
public inspection and shall indicate where such information is available when only a
general description of the property is provided in the notice. A copy of such notice shall
be mailed to each party making the appeal and to the Secretary of the Planning
Commission.
C. The property under consideration for any appeal to the Board must be located within the
city limits. The Board shall provide notice to all owners of record of real property located
within 200 feet of the exterior boundary of the property under consideration both within
the city limits and extending outside the city limits when necessary. If the applicant's
property is located adjacent to, but within the city limits, the area of notification in
addition to the 200 feet inside the City, shall be extended to 1,000 feet in the
unincorporated area.
D. For such property, when the distance of such notice extends outside the City and into an
adjacent or nearby city limits, such notice shall be given for 200 feet inside the other city
limits. Such notice shall be mailed so that at least 20 days shall elapse between the
mailing date and the hearing date. A certified list of such owners of record of real
property with their addresses and zip codes shall be provided by the applicant. Failure
to receive such notice after it has been properly addressed and deposited in the mail
shall not invalidate any subsequent action taken by the Board. If there is no quorum
present for the meeting or at the time of the hearing, the members in attendance may
agree to hold another meeting in the future at a stated date, time and place for which,
when announced at the present meeting, no further public notice need be given.
E. The Board may give additional notice to other persons as it may from time to time
provide by its rules. Such rules may include requirements for additional notice to be
provided for by the posting of signs on the property to be considered in the appeal
application.
17.10.05 Conduct of Hearing. The Board shall select a reasonable time and place for the
hearing on each appeal of a decision, variance or conditional use as an exception. All hearings
shall be open to the public; however, when hearing such appeals the Board exercises quasijudicial functions and, thus, may upon proper motion proceed to deliberate in closed session
according to K.S.A. 75-4318 (a). No binding action may be taken and all voting must be
conducted in an open meeting. Any person may appear and testify at a hearing, either in
person or by a duly authorized agent or attorney. Every decision of the Board shall be filed
without unreasonable delay with the Zoning Administrator and shall be open to public inspection
during reasonable business hours.
17.10.06 Finality and Judicial Review of Decisions. Any order or determination of the
Board on an appeal for a decision, a variance or a conditional use as an exception, shall be
final decisions and shall be subject to judicial review, but not appealable to the Planning
Commission or the Governing Body. Any person, official or governmental agency, jointly or
separately dissatisfied by any decision of the Board, may present to the County District Court, a
petition, duly verified, stating that such decision is illegal in whole or in part, specifying the
grounds of the illegality and asking for relief therefrom based on a determination of the
reasonableness of any such order or determination. Such petition shall be filed with the Court
within 30 days after the date of filing the final decision with the Zoning Administrator.
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17.10.07 Appeals. An appeal from a decision of the Zoning Administrator with respect to the
interpretation, application or enforcement of these regulations may be taken to the Board by
any person aggrieved, or by any officer of the City, or any governmental agency or body
affected by any decision of the Zoning Administrator.
A. Time for Appeals. Appeals shall be made within 30 days after a decision has been
made by the Zoning Administrator by filing an application for appeal. Upon the
Chairperson's receipt of an application for appeal and notification to the Zoning
Administrator, the Administrator shall forthwith transmit to the Chairperson all of the
papers constituting the record upon which the decision being appealed was based.
B. Application. An application for an appeal shall (1) be filed with the Chairperson, (2)
specify the grounds for such an appeal, (3) include the legal description of any property
involved with the appeal, (4) be accompanied by an ownership list as required by
Section 17.10.04 and the filing fee, and (5) provide such additional information as may
be prescribed by rule of the Board.
C. Stay of Proceedings. An appeal shall stay all legal proceedings in furtherance of the
action appealed from unless the Zoning Administrator certifies to the Board, after the
application for appeal has been filed, that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property. In such case, the
proceedings shall not be stayed other than by a restraining order which may be granted
by the Board or by a court of record on petition with notice to the Zoning Administrator
and on the basis of due cause shown.
D. Hearing and Notice. A hearing on the application for such an appeal shall be held and
notice thereof given as specified under Sections 17.10.04 and 17.10.05 and which are
consistent with the general procedures and records required by Section 17.10.02.
E. Decision. The Board may affirm or reverse, wholly or partly, or may modify the order,
requirement, decision or determination appealed from, and may make such order,
requirement, decision or determination as ought to be made, and to that end shall have
all the powers of the Zoning Administrator, and may issue or direct the issuance of a
zoning permit and/or occupancy certificate. No conditions may be attached to such a
decision that could not otherwise have been available to the Zoning Administrator in
making the initial decision. The Board shall render a written decision in the form of a
resolution on the appeal without unreasonable delay after the close of the public portion
of a hearing and, in all cases, within 45 days after the close of such hearing.
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17.10.08 Variances. The Board may authorize such variances from the terms of these
regulations as will not be contrary to the public interest and provided that the spirit of the
regulations shall be observed, public safety and welfare secured and substantial justice done.
Variances may be authorized only in those specific instances enumerated in Section 17.10.08C
and then only when the Board has made findings of fact based upon the standards set out in
Section 17.10.08D that owing to special conditions a literal enforcement of the provisions of
these regulations will, in an individual case, result in unnecessary hardship for the owner,
lessee or occupant of land or structures. According to K.S.A. 12-759(e), any such variance
shall not permit any use not permitted by these regulations in the zoning district in which the
variance is requested.
A. Application. An application for a variance shall:
1. be filed with the Zoning Administrator,
2. provide the legal description of the property involved with the variance,
3. be accompanied by an ownership list as required by Section 17.10.04 and the filing
fee
4. contain the following information as well as such additional information as may be
prescribed by rule of the Board:
a. The particular requirements of these regulations which prevent the proposed use
or construction;
b. The characteristics of the subject property which prevent compliance with the
requirements of these regulations;
c. The reduction of the minimum requirements of these regulations which would be
necessary to permit the proposed use or construction;
d. The particular hardship which would result if the particular requirements of these
regulations were applied to the subject property; and
e. Submit a sketch drawn to scale showing the lot(s) included in the application, the
structures existing thereon and the structures proposed that necessitate the
request.
B. Hearing and Notice. A hearing on the application for such a variance shall be held and
notice thereof given as specified under Section 17.10.04 and Section 17.10.05 and
which are consistent with the general procedures and records required by Section
17.10.02.
C. Authorized. Variances from the provisions of these regulations shall be granted by the
Board only in accordance with the standards set out in Section 17.10.08D, and may be
granted only in the following instances and in no others:
1. To vary the applicable minimum lot area, lot width and lot depth requirements.
2. To vary the applicable bulk regulations, including maximum height and lot coverage
and minimum yard requirements.
3. To vary the dimensional provisions for permitted obstructions in required yards
including fences in Section 17.03.30.
4. To vary the applicable number of required off-street parking spaces and the amount
of off-street loading requirements of Chapter 17.05.
5. To vary the applicable dimensional sign provisions of Section 17.07.03 regarding
general standards and Section 17.07.05 regarding district regulations.
6. To vary the applicable requirements in Sections 17.10.08.C1 through 5 above in
conjunction with conditional use applications for nonconforming, nonresidential
structures and uses under provisions of Section 17.08.06.
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D. Standards.
1. The Board may grant a variance upon specific written findings of fact based upon
the particular evidence presented to it at the hearing that all the conditions required
by K.S.A. 12-759(e) have been met which are listed below:
a. That the variance requested arises from such condition which is unique to the
property in question and which is not ordinarily found in the same zoning district,
and is not created by an action or actions of the property owner or the applicant.
b. That granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
c. That strict application of the provisions of these regulations from which a
variance is requested will constitute unnecessary hardship upon the property
owner represented in the application.
d. That the variance desired will not adversely affect the public health, safety,
morals, order, convenience, prosperity or general welfare.
e. That granting the variance desired will not be opposed to the general spirit and
intent of these regulations.
2. In determining whether the evidence supports the conclusions required by Section
17.10.08.D1, the Board shall consider the extent to which the evidence
demonstrates that:
a. The particular physical surroundings, shape or topographical condition of the
specific property involved would result in a practical difficulty or unnecessary
hardship upon or for the owner, lessee or occupant, as distinguished from a
mere inconvenience, if the provisions of these regulations were literally enforced.
b. The request for a variance is not based exclusively upon a desire of the owner,
lessee, occupant or applicant to make more money out of the property.
c. The granting of the variance will not be materially detrimental or injurious to other
property or improvements in the neighborhood in which the subject property is
located.
d. The proposed variance will not impair an adequate supply of light or air to
adjacent property, substantially increase congestion on public streets or roads,
increase the danger of fire, endanger the public safety or substantially diminish
or impair property values within the neighborhood.
E. Conditions and Restrictions. In granting a variance, the Board may impose such
conditions upon the premises benefitted by the variance as may be necessary to comply
with the standards set out in Section 17.10.08.D which would reduce or minimize any
potentially injurious effect of such variance upon other property in the neighborhood and
to carry out the general purpose and intent of these regulations, including methods for
guaranteeing performance such as are provided for in Section 17.10.09.D. Failure to
comply with any of the conditions for a variance which are later attached to a zoning
permit shall constitute a violation of these regulations. Upon a finding by the Board of
such a violation, the resolution granting the variance may be declared null and void.
F. Decisions and Records. The Board shall render a written decision containing specific
findings of fact in the form of a resolution on an application for a variance without
unreasonable delay after the close of a hearing, but in all cases within 45 days after the
close of the hearing. The Zoning Administrator shall maintain complete records of all
actions of the Board with respect to applications for variances in order to properly issue
permits.
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G. Period of Validity. No variance granted by the Board shall be valid for a period longer
than 180 days from the date on which the Board grants the variance, unless within such
180-day period a zoning permit is obtained and the variance requested is started. The
Board may grant extensions not exceeding 180 days each, upon written application,
without further notice or hearing.
17.10.09 Conditional Uses. The Board may grant as an exception to the provisions of these
regulations, the establishment of only those conditional uses that are expressly authorized to be
permitted in a particular zoning district or in one or more zoning districts. No such conditional
use shall be granted unless it complies with all of the applicable provisions of these regulations.
A. Application. An application for a conditional use shall:
1. be filed with the Zoning Administrator,
2. provide the legal description of the property involved with the conditional use,
3. be accompanied by an ownership list as required by Section 17.10.04 and the filing
fee,
4. contain the following information as well as such additional information as may be
prescribed by rule of the Board:
a. A statement or diagram showing compliance with any special conditions or
requirements imposed upon the particular conditional use by the applicable
district regulations or Section 17.10.09.D if applicable;
b. A statement as to why the proposed conditional use will not cause substantial
injury to the value of other property in the neighborhood;
c.
A statement as to how the proposed conditional use is to be designed,
arranged and operated in order to permit the development and use of
neighboring property in accordance with the applicable district regulations; and
d. Present data in support of the standards specified in Section 17.10.09.C.
B. Hearing and Notice. A hearing on the application for such a conditional use as an
exception shall be held and notice thereof given as specified under Sections 17.10.04
and 05 and which are consistent with the general procedures and records required by
Section 17.10.02.
C. Standards. The Board may grant a conditional use when it makes specific written
findings of fact based upon the particular evidence presented to it at the hearing which
support conclusions that:
1. The proposed conditional use complies with all applicable regulations, including lot
size requirements, bulk regulations, use limitations and performance standards;
unless a concurrent application is in process for a variance.
2. The proposed conditional use will not cause substantial injury to the value of other
property in the neighborhood.
3. The location and size of the conditional use, the nature and intensity of the operation
involved in or conducted in connection with it, and the location of the site with
respect to streets giving access to it are such that the conditional use will not
dominate the immediate neighborhood so as to prevent development and use of
neighboring property in accordance with the applicable zoning district regulations. In
determining whether the conditional use will so dominate the immediate
neighborhood, consideration shall be given to:
a. The location, nature, size and height of buildings, structures, walls and fences on
the site; and
b. The nature and extent of landscaping and screening on the site.
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4. Off-street parking and loading areas will be provided in accordance with the
standards set forth in Chapter 17.05 of these regulations. Such areas will be
screened from adjoining residential uses and located so as to protect such
residential uses from injurious effects.
5. Adequate utility, drainage and other such necessary facilities have been installed or
will be provided by platting, dedications and/or guarantees.
6. Adequate access roads, entrance and exit drives and/or access control is available
or will be provided by platting, dedications and/or guarantees and shall be so
designed to prevent traffic hazards and to minimize traffic congestion in public
streets and roads.
D. Conditions. In granting a conditional use, the Board may attach such conditions upon
the premises and/or the applicant benefitted by the conditional use as may be necessary
to comply with the standards set out in Section 17.10.09.C in order to reduce or
minimize any potentially injurious affect upon other property in the neighborhood and to
carry out the general purpose and intent of these regulations. Such conditions may
include, but not be limited to, further restrictions on bulk regulations; time of operation
and ownership limitations; screening, landscaping and fencing; provision of utilities,
drainage and other public improvements; additional access or access control; off-street
parking and loading requirements; and platting, dedications and/or guarantees. In
addition to the guarantees referred to below for parking and/or screening, covenants
which run with the land or the property to guarantee that conditions will be carried out at
a future date may be filed with the County Register of Deeds. Failure to comply with
any of the conditions for a conditional use which are later attached to a zoning permit
shall constitute a violation of these regulations. Upon a finding by the Board of such a
violation, the resolution granting the conditional use may be declared null and void.
E. Securities. In lieu of actual construction of required off-street parking or the initial
provisions for screening, the Board may accept, in the name of the City, a corporate
surety bond, cashier's check, escrow account or other like security in an amount to be
fixed by the Board and conditioned upon actual completion of such improvement within
a specified time. Such securities shall be filed with the Clerk. The Governing Body may
enforce such securities by all equitable means.
F. Decisions and Records. The Board shall render a written decision containing specific
findings of fact in the form of a resolution on an application for a conditional use without
unreasonable delay after the close of a hearing, but in all cases within 45 days after the
close of the hearing. The Zoning Administrator shall maintain complete records of all
actions of the Board with respect to applications for conditional uses in order to properly
issue permits.
G. Period of Validity. No conditional use granted by the Board shall be valid for a period
longer than 180 days from the date on which the Board grants the conditional use,
unless within such period a zoning permit is obtained and the conditional use requested
is started. The Board may grant extensions not exceeding 180 days each, upon written
application, without further notice of a hearing.
17.10.10-17.10.99 Reserved
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CHAPTER 17.11: AMENDMENTS
17.11.01 General Provisions for Amendments and Special Uses. These regulations and
the districts created under the authority of these regulations may be amended from time to time
by the Planning Commission following a public hearing and the approval by the Governing
Body. No such amendment shall be adopted except in accordance with the procedures of
Chapter 17.11. Special use applications are not amendments, but are processed for the
hearings in the same manner. (See Section 17.11.02. for special uses.)
A. Proposal. Amendments or special uses may be proposed: (1) by the Governing Body,
(2) by the Planning Commission or (3) upon application by, or on behalf of the owner of
the property affected, but only in accordance with the procedure set forth in Section
17.11.02.B. When the Governing Body proposes an amendment or special use, it shall
transmit its proposal to the Planning Commission for a public hearing and
recommendation thereon. (See Section 17.11.02.D3 for special notice of hearing
procedure for Governing Body and Planning Commission applications.)
B. Application. When the owner of the property affected proposes an amendment to any
of these regulations or to any zoning district created thereby or applies for a special use,
an application shall:
1. be filed with the Zoning Administrator who refers it to the Planning Commission for a
hearing,
2. be in such form and contain such information as shall be prescribed from time to
time by the Commission, and
3. in all instances contain the following information:
a. The applicant's name, address and telephone number;
b. The precise wording of any proposed amendment to the text of these regulations
or the exact description of the special use requested.
c. In the event that the proposed amendment would change the zoning district
classification or add a special use to any specific property:
1) The name, address and telephone number of the owner of the property and,
if any, the agent representing the owner;
2) The legal description of the property and a general description such as a
street address sufficient to identify the property;
3) The present and proposed zoning district classifications and existing uses of
the property and structures thereon;
4) The dimensions of the property and the zoning lot area stated in square feet
or acres or fractions thereof; and
5) For land inside the city limits, a certified ownership list of the names,
addresses and zip codes of the owners of record of real property located
within 200 feet of the exterior boundary of the area described in the
application both within the city limits and extending outside the city limits
when necessary.
6) If such area is located adjacent to but within the city limits, the ownership list,
in addition to the 200 feet inside the city limits, shall provide similar
information extending to 1,000 feet into the unincorporated area. If such
area is located outside the city limits, the ownership list shall extend for 1,000
feet in the unincorporated area and, if the latter extends into the city limits,
then such owners for 200 feet inside the city must also be included on the
list.
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C. Public Hearing. The Planning Commission shall hold a public hearing on each
proposed amendment that is filed with, referred to, or initiated by the Commission. The
Commission shall select a reasonable time and place for such public hearing, and it
shall hold such hearing within 45 days from the date on which the proposed amendment
is received or initiated. An applicant for an amendment may waive the requirement that
such hearing be held within 45 days.
D. Notice of Hearing. One of the following three procedures shall be selected to provide
proper notice for a public hearing for any zoning amendment application:
1. Public notice of a hearing by the Planning Commission on a proposed amendment
shall be published once in the official newspaper by the Zoning Administrator. At
least 20 days shall elapse between the date of such publication and the date set for
such hearing. Such notice shall state the date, time and place of the hearing and
shall contain a statement regarding the proposed changes in regulations or the
zoning classification or zoning district boundaries of any property. If the proposed
amendment would change the zoning classification of any specific property or the
boundaries of any zoning district, such notice shall contain the legal description or a
general description sufficient to identify the property under consideration. If a
general description is used, the notice shall include a statement that a complete
legal description is available for public inspection and where such description is
available.
2. In addition to such publication notice, the Zoning Administrator shall mail a written
notice of the hearing containing information similar to the published notice thereof to
the applicant and to the owners of record of all real property within the area to be
altered or changed and to all owners of record of real property located within 200
feet of the exterior boundary of the area described in the amendment application
both within the city limits and extending outside the city limits when necessary. If
such area is located adjacent to but within the city limits, the area of notification
shall, in addition to the 200 feet inside the city limits, be extended to 1,000 feet in the
unincorporated area. For such property, when the distance of such notice extends
outside the City and into an adjacent or nearby city limits, such notice shall be given
for 200 feet inside the other city limits. If such area is located outside the city limits,
the area of notification shall extend for 1,000 feet and, if such notification extends
into the city limits, then 200 feet inside the city limits must also be included. The
notice to property owners including the applicant shall be mailed so that 20 days
shall elapse between the mailing date and the hearing date. When the notice has
been properly addressed and deposited in the mail, failure of a party to receive such
notice shall not invalidate any subsequent action taken by the Commission or the
Governing Body.
3. Whenever five or more owners of record of real property owning 10 or more
contiguous or noncontiguous lots, tracts or parcels of the same zoning classification
initiate a rezoning of their property from a less restrictive to a more restrictive zoning
classification, such amendment shall require notice by publication only and hearing
in like manner as required by Section 17.11.02.C. Such zoning amendment shall
not require written notice and shall not be subject to the protest petition provision of
Section 17.11.05.
4. Whenever the Governing Body or the Planning Commission initiates a rezoning from
a less restrictive to a more restrictive zoning classification of 10 or more contiguous
or noncontiguous lots, tracts or parcels of the same zoning classification having five
or more owners of record of real property, such amendment shall require notice by
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publication and hearing in like manner as that required by Section 17.11.01C. In
addition, written notice shall be required to be mailed to only owners of record of real
properties to be rezoned and only such owners shall be eligible to initiate a protest
petition under Section 17.11.04.
5. The Commission may give such additional notice to other persons as it may from
time to time provide by its rules. Such rules may include requirements for additional
notice to be provided for by the posting of signs on the land to be considered in the
amendment application.
E. Conduct of Hearing.
1. All hearings that these regulations require the Planning Commission to conduct for
amendments to changes in the text of the regulations or the zoning classifications or
in district boundaries shall be open public meetings according to K.S.A. 75-4317 et
seq., the Open Meetings Act. When a proposed amendment will affect the zoning
classification or district boundary of specific property, however, the Commission acts
in a quasi-judicial capacity and, thus, may upon proper motion proceed to deliberate
in closed session according to K.S.A. 75-4318(a). No binding action can be taken in
such a session and all voting must be conducted in an open meeting.
2. Any interested person or party may appear and be heard at the hearing in person,
by agent or by attorney.
3. The hearing shall be conducted and a record of the proceedings shall be preserved
in such a manner and according to such procedures as the Commission may from
time to time prescribe by rule or bylaws which are not in conflict with these
regulations or applicable State statutes.
4. The Commission shall keep minutes of the proceedings showing evidence
presented at hearings, findings of fact by the Commission, motions made and the
vote of each member upon any question or recommendation. If a member is
absent, abstains or disqualified, such fact shall be indicated.
5. The Commission may request a report on any proposed amendment from any
governmental official or agency, or any other person, firm or corporation. If such a
report is made, a copy thereof shall be made available to the applicant and any other
interested person prior to or at the public hearing.
6. The Commission may make recommendations on proposed amendments to specific
properties which affect only a portion of the land described in the hearing notice or
which give all or any part of the land described a zoning classification of lesser
change than that set forth in the notice. A recommendation for a zoning
classification of lesser change than that set forth in the notice shall not be valid,
however, without republication and, where necessary, re-mailing of notices, unless
the Commission shall have previously established a table or publication available to
the public which designates what zoning classifications are lesser changes
authorized within the published zoning classifications. (See Appendix for Table of
Comparability for Zoning Districts.)
7. For action on zoning amendments, a quorum of the Commission must be more than
one-half of the membership as established by ordinance. A majority vote of the
members of the Commission present and voting at the hearing shall be required to
recommend approval or disapproval of the amendment to the Governing Body. If
the Commission fails to make a recommendation on a rezoning request, the
Commission shall be deemed to have made a recommendation of disapproval.
8. A hearing may be adjourned from time to time upon a motion to continue in the
future at some stated date, time and place. At the conclusion of a hearing, the
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Commission shall prepare its findings and the factors on which to base its
recommendation and vote.
9. If a meeting is called or a hearing is on the agenda and no quorum is present, the
members in attendance may agree to hold the hearing at another meeting in the
future at a stated date, time and place or at the next regular meeting for which, when
announced at the present scheduled meeting, no further public notice need be given
to continue the hearing.
F. Report by Planning Commission. Within 14 days after the close of the public portion
of the hearing and voting on a proposed amendment or special use, the Planning
Commission shall submit a report to the Governing Body. A copy of this report shall
also be filed with the Clerk and the Zoning Administrator and such copies shall be kept
available for public inspection. A copy of the report shall also be mailed to the applicant.
Such report shall contain a recommendation as to whether the proposed amendment or
special use should be approved or disapproved and specific written determinations on
the items listed in Sections 17.11.01G or 17.11.01G and on such other items as the
Commission may consider relevant. The report submitted to the Governing Body shall
be accompanied by a summary of the hearing as required by K.S.A. 12-756(b). In lieu
of a report, the above information may be contained in the minutes of the meeting and
submitted to the Governing Body.
G. Amendments to Text. When a proposed amendment would result in a change in the
text of these regulations, but would not result in a change of zoning classification of any
specific property, the report of the Planning Commission shall contain a statement as to
the nature and effect of such proposed amendment and determinations as to the
following items:
1. Whether such change is consistent with the intent and purposes of these
regulations; and
2. Whether the proposed amendment is made necessary because of changed or
changing conditions in the zoning districts affected and, if so, the nature of such
changed or changing conditions.
H. Review Criteria for Amendments or Special Uses. When a proposed amendment
would result in a change of the zoning district classification of any specific property, the
report of the Planning Commission, accompanied by a summary of the hearing, shall
contain statements as to (1) the present and proposed district classifications, (2) the
applicant's reasons for seeking such reclassification, and (3) a statement of the factors
where relevant upon which the recommendation of the Commission is based using the
following factors as guidelines:*
1. What is the character of the subject property and the surrounding neighborhood in
relation to existing uses and their condition?
2. What is the current zoning of the subject property and that of the surrounding
neighborhood in relationship to the requested change?
3. Is the length of time that the subject property has remained undeveloped or vacant
as zoned a factor in the consideration?
4. Would the request correct an error in the application of these regulations?
*NOTE: All the factors stated in the decision of Golden v. City of Overland Park, 224 Kan. 591, 584 P.
2d 130 (1978) are included in this list. In using these factors as guidelines for special uses,
modifications may be made in the questions especially to substitute the words "special use" for
"change in zoning."
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5. Is the request caused by changed or changing conditions in the area of the subject
property and, if so, what is the nature and significance of such changed or changing
conditions?
6. Do adequate sewage disposal and water supply and all other necessary public
facilities including street access exist or can they be provided to serve the uses that
would be permitted on the subject property?
7. Would the subject property need to be platted or replatted or in lieu of dedications
made for rights-of-way, easements, access control or building setback lines?
8. Would a screening plan be necessary for existing and/or potential uses of the
subject property?
9. Is the suitable vacant land or buildings available or not available for development
that currently has the same zoning?
10. If the request is for business or industrial uses, are such uses needed to provide
more services or employment opportunities?
11. Is the subject property suitable for the uses in the current zoning to which it has
been restricted?
12. To what extent would the removal of the restrictions, i.e., the approval of the zoning
request detrimentally affect other property in the neighborhood?
13. Would the request be consistent with the purpose of the zoning district classification
and the intent and purpose of these regulations?
14. Is the request in conformance with the Comprehensive Plan and does it further
enhance the implementation of the Plan?
15. What is the nature of the support or opposition of the request?
16. Is there any information or are there recommendations on this request available
from professional persons or persons with related expertise which would be helpful
in its evaluation?
17. By comparison, does the relative gain to the public health, safety and general
welfare outweigh the loss in value or the hardship imposed upon the applicant by not
approving the request?
18. Of those factors considered as relevant to the requested change in zoning district
classification or boundary or special use, not all factors need to be given equal
consideration by the Commission in deciding upon its recommendation.
17.11.02 Special Uses.
A. Because of particular factors associated with their activities, certain uses which might
have an adverse effect upon nearby properties or upon the character and future
development of a district are not permitted outright in districts, but are allowed as
"special uses" when their proposed location is supplemented by additional conditions
such as to make the use considered compatible with the surrounding property, the
neighborhood and the zoning district.
B. In granting a special use, the minimum requirements of approval for all similar types of
permitted uses in the same district must be met, unless otherwise reduced by a specific
reference in these regulations.
C. The requirements may be made more stringent if there is a potentially injurious effect
which may be anticipated upon other property and the neighborhood or contrary to the
welfare and convenience of the public. Such additional conditions may include, but are
not limited to, requirements affecting the lot size or yard dimensions; changing street
width; the extent and location of entrance or exit drives; controlling the size, location and
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number of signs; the period and time of operation; lot coverage and height of buildings;
screening, fencing and/or landscaping to protect the surrounding property; establishing
environmental standards for air and water pollution, noise, vibration, lighting and other
such conditions; protection from flooding; and additional improvements such as street
construction, sidewalks, utilities and storm drainage, if necessary, including platting
and/or dedications. Such conditions may be placed upon the property which is the
subject of the special use application or upon the applicant or both.
D. Although the official zoning map is not amended, the procedure for approval of a special
use shall otherwise be the same as for an amendment to change a zoning district
classification or boundary which is set forth in Section 17.11. 01 of this Section including
the provisions for filing protest petitions in Section 17.11.04, provided that any additional
requirements which are further imposed upon the special use shall be made a part of
the effectuating ordinance.
E. Applications for a special use shall be accompanied by a site plan of the proposed
development. Concurrent applications may be processed for changing zoning district
classifications as amendments and approving special uses on the same property
wherein joint notices are advertised and mailed and hearing held; however, separate
motions, review criteria and effectuating ordinances are necessary. Concurrent
applications may be processed for changing zoning district classifications as
amendments and approving special uses on the same property.
17.11.03 Project Review.
A. In the event that certain public improvements, facilities or utilities of a type embraced
within the recommendations of the Comprehensive Plan are classified as special uses
or are the subject of a change in zoning district classification or boundary, the
consideration of such uses by the Planning Commission in conjunction with a zoning
application may also constitute their project review of such proposed use if concurrently
processed under procedures required by K.S.A. 12-748, as amended; provided, that a
statement of findings is included in the Commission's approval or disapproval as to
whether such proposed use is or is not in conformance with the Comprehensive Plan.
B. In case the Commission finds that the proposed use is not in conformance to the Plan
and states in writing the manner in which it is not in conformance, then the Governing
Body shall not proceed with construction of such a proposed use unless the Governing
Body by a majority vote overrides the disapproval of the Commission and the Plan shall
be deemed to have been amended and the Commission shall make the necessary
changes in the Plan to reflect the vote of the Governing Body.
17.11.04 Filing of Protest.
A. Whether or not the Planning Commission approves or disapproves a zoning change, if a
written protest petition against a proposed amendment for a specific property or a
special use shall be filed in the office of the Clerk within 14 days after the date of the
conclusion of the hearing by the Commission which is signed and an accurate legal
description of their property provided by the owners of record of 20% or more of any real
property proposed to be altered or changed, excluding streets or public ways, or by the
owners of record of 20% or more of the real property within the total area required in the
official area of notification by Section 17.11.01.D, excluding streets and public ways and
specific statutorily excluded property as described below; then the effectuating
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ordinance shall not be passed except by at least a 3/4 vote of all the members of the
City Council.
B. Property statutorily excluded from determining the sufficiency of a protest petition when
calculating the total real property within the notification area is that which was:
1. requested by the owner of the specific property for rezoning or a special use; or
2. the owner of the specific property requested for rezoning or a special use who does
not oppose in writing such rezoning or special use. (See Sections 17.11.01.D 2 and
D3 for protest petition exceptions for rezoning from a lesser restrictive to a more
restrictive zoning classification.)
17.11.05 Adoption of Amendments or Special Uses by the Governing Body.
A. When the Planning Commission in its report submits a recommendation of approval or
disapproval of a proposed amendment or special use including the basis therefore, the
Governing Body may:
1. Adopt such recommendation by an effectuating ordinance,
2. override the Commission's recommendation by a 2/3 majority vote of the
membership of the City Council, or
3. return such recommendation to the Commission with a statement specifying the
basis for the Governing Body's failure to approve or disapprove.
B. If the Governing Body returns the Commission's recommendation, the Commission,
after considering the same, may resubmit its original recommendation giving the
reasons therefore or submit a new or amended recommendation. Upon the receipt of
such recommendation, the Governing Body, by a simple majority thereof, may adopt or
may revise or amend and adopt such recommendation by the effectuating ordinance or
it need take no further action thereon. If the Commission fails to deliver its
recommendation to the Governing Body following the Commission's next regular
meeting after receipt of the Governing Body's report, the Governing Body shall consider
such course of inaction on the part of the Commission as a resubmission of the original
recommendation and proceed accordingly.
C. In considering its decision under each of the above set of circumstances, the Governing
Body shall take into account the guidelines in Section 17.11.01H which are relevant to
the proposed amendment or special use and, having reviewed the Commission's
findings of fact and the factors upon which their recommendation is based, the
Governing Body either adopts the Commission's findings and factors by reference or
records their own findings of fact and the factors upon which their decision is based.
D. The proposed amendment or special use shall become effective upon publication for
either of them of the respective adopting ordinance. If such an amendment affects the
classification or boundaries of any zoning district, the respective ordinance shall legally
describe the classification or boundaries as amended, shall order the Official Zoning
Map to be changed to reflect such amendment, and shall reincorporate such map as
amended.
17.11.06 Annual Review. In order to maintain these regulations including the Official Zoning
Map(s), the Planning Commission shall annually hold a public review at their first regular
meeting in January to consider amendments, if any, to these regulations. Preceding such a
review, the Governing Body and other affected governmental agencies and interested parties
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should be notified of the intent to review and their ideas requested. In preparation for such a
review, the Zoning Administrator shall maintain a master copy of the current zoning regulations
on which are recorded comments and ideas brought to the attention of the Administrator during
the preceding year in order to maintain the intent and purpose of these regulations under
changing conditions and to implement the Comprehensive Plan. Information on any relevant
changes in state statutes shall be compiled for the review.
17.11.07 Judicial Review. As provided by K.S.A. 12-760, as amended, any ordinance,
regulation, amendment, special use or other zoning decision provided for or authorized by
these regulations shall be reasonable and any person aggrieved thereby may have the
reasonableness of any decision determined by bringing an action against the City within 30
days after a final decision is made by the City. In the event that an amendment to these
regulations or a special use is approved by the Governing Body, the 30-day period commences
when the effectuating ordinance is published. Such action shall be brought in the Sedgwick
County District Court.
17.11.08-17.11.99 Reserved
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Site Plan Review
CHAPTER 17.12.00: SITE PLAN REVIEW
17.12.01 Site Plan Approval Purpose. The purpose and intent of requiring site plan approval
before the start of construction is to encourage the compatible arrangement of buildings, offstreet parking, lighting, signage, landscaping, screening, ingress and egress and drainage on
and from the site, any or all of these, in a manner that will promote safety and convenience for
the public and will preserve property values of surrounding properties.
17.12.02 Applicability.
A. All principal land uses, including public uses, shall submit site plans for approval by the
Planning Commission, after review and recommendation by the Site Plan Committee,
except single-family and duplexes, unless the latter are arranged in courtyard or
grouped settings through a PUD.
B. Site plans also may be applicable to when there is a 20% change in the building
footprint or increase in off-street parking.
C. Minor revisions to site plans, due to unforeseen circumstances, may be approved by
Zoning Administrator
D. Site plans may be considered concurrently with a rezoning, special use or conditional
use application.
17.12.03 Appointment of Site Plan Committee.
A. The Site Plan Committee consists of five members serving staggered three-year terms.
Members selected shall have education and/or experience in such fields as architecture,
interior design, landscaping, construction, traffic control, urban planning, public safety,
historic preservation, civic engineering, business ownership and similar backgrounds.
B. Four members are appointed by the Mayor with the consent of the City Council. One of
the four members of which may be appointed from outside the City. Appointments shall
be made at the City Council’s second regular meeting in October of each year. The fifth
member of the Site Plan Committee from the Planning Commission shall be appointed
by the Planning Commission Chairman with consent of the Planning Commission.
C. Once appointed, members take office at the next scheduled meeting of the Site Plan
Committee. Vacancies are filled by appointment for the unexpired term. The Committee
may elect its own officers and adopt rules as bylaws for transaction of business. A
quorum requires three members to be present and approval of site plans must have the
affirmative vote of at least three members.
D. All meetings shall be open to the public according to K.S.A. 75-43217 et seq.
17.12.04 Site Plan Review Process.
A. The Zoning Administrator can provide an applicant with the site plan approval procedure
and criteria material and will be available to explain and respond to questions on the
process, contents and standards. The applicant may submit a draft site plan for
preliminary review by the Zoning Administrator at no charge.
B. The Zoning Administrator may require a licensed professional to prepare certain plans.
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A licensed engineer may be required to prepare a drainage plan when the City’s storm
water system is impacted by site development or the project will need on-site detention
based on the amount of hard-surfaced area.
C. Before accepting an application for processing, the Zoning Administrator will review the
application for completeness with an internal group of City Staff. The petitioner must
submit six scalable concept plans for City Staff review. If the concept plan is found to be
incomplete, the applicant will be asked to submit a revised plan with additional
information or changes before the application can be scheduled for Site Plan Review by
the Site Plan Committee.
D. Applications are processed on a monthly cycle and are due 10 days prior to the Site
Plan Committee meeting. (If the due date falls on a weekend, the application shall be
submitted on the Friday before.)
E. Copies of the Site Plan Committee Calendar are available in the City Clerk’s office.
F. Five copies no larger than 11” x 17” and one copy that are scalable must be submitted
for City staff review for the Site Plan Committee. Following Site Plan Committee review
and recommendation, the applicant must submit nine copies no larger than 11” x 17”
and two copies that are scalable for Planning Commission review.
G. The Zoning Administrator will contact the applicant regarding the date, time and place of
the Site Plan Committee and Planning Commission. The applicant will be highly
encouraged but not required to attend the Site Plan Committee and Planning
Commission meetings. If the applicant does not attend the meetings and questions are
raised that cannot be answered, the site plan will tabled to subsequent meetings.
H. A site plan recommendation is prepared by the Zoning Administrator and reviewed by
the Site Plan Committee.
I.
If a Site Plan has been filed or other business needs to be discussed, the Site Plan
Committee typically would meet on the 2ND Monday of each month. Each scheduled
meeting is publicly noticed and an agenda is posted. All meetings are open to the public,
however, the meeting is not considered a public hearing by law. The Site Plan
Committee may hear comments from the applicant and public.
J. The Site Plan Committee may approve with or without conditions, disapprove, or table
the site plan review for more information at the following meeting.
K. Once the Site Plan Committee makes their recommendation, the Zoning Administrator
will schedule the Site Plan for review at the following Planning Commission meeting.
L. Once the Planning Commission approves the Site Plan, the Zoning Administrator may
issue a zoning permit.
M. If the Site Plan is denied by the Planning Commission, the aggrieved applicant may
appeal to the Governing Body within 30 days of the Planning Commission’s action.
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17.12.05 Site Plan Requirements:
Projects which are subject to review by the Site Plan Committee will generally be subject to the
following site plan standards:
A. Show the location and dimensions of all right-of-way, easements and setback lines
either required by these regulations or by platting or separate instruments.
B. The site plan map generally should be oriented to the north with north arrow and scale
plus dimensions and property boundary lines for the zoning lot.
C. Topography by contour lines may be required if slopes exceed 5%, buffer berms are
used, or a drainage plan is required.
D. Show existing and proposed structures by bulk dimensions plus number of stories,
gross floor area and entrances.
E. Existing and proposed curb cuts, aisles, off-street parking, loading spaces and
walkways, including type of surfacing and number of parking spaces. Delineate the
traffic flow with directional arrows and indicate the location of direction signs and other
motorist's aids (if any).
F. Location, direction and intensity of proposed lighting. All exterior lighting must be “fullcut-off” light fixtures when located near adjacent residential properties (no light should
spill over on adjacent residential parcels)
G. Location and height of all existing (to remain) and proposed signs on the site, the
setback dimensions from any sign to property lines, location and routing of electrical
supply, surface area of the sign in square feet, size of letters and graphics, description
of sign, frame materials and colors.
H. If disposal containers will be on the site, indicate how such areas will be fully screened
from public view by means of a structure (including swinging doors) constructed with
either solid treated lumber walls, cement block (with or without brick), or other materials
deemed acceptable. The enclosure must also have the capability of latching the doors in
a closed position, or when trash is being picked up, in an open position. Outdoor
storage areas may also need to be screened if required by these zoning regulations.
I.
Vehicular ingress and egress to and from the site and circulation within the site to
provide safe, efficient and convenient movement of traffic, not only within the site but on
adjacent roadways.
J. Site plan provides for the safe movement of pedestrians within the site.
Following adoption of a site plan, a zoning permit and occupancy certificate will be issued with
the stipulation that if landscaping is required, such landscape plantings must be maintained in a
healthy, disease-free and debris-free condition or it will be considered a violation of these
regulations.
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17.12.06 Additional Site Plan Requirements.
A. In the initial review of the Site Plan Concept, the Zoning Administrator may determine
that the site plan will need additional site plan criteria (above and beyond those listed in
section 17.12.05) based on complexity of the site conditions, location on major
thoroughfares, scale of development, and surrounding land uses. A copy of the
“Additional Design Criteria” will be provided to the applicant indicating what additional
items will need to be shown on the site plan prior to filing with the City for Site Plan
Committee and City Planning Commission review.
B. The “Additional Design Criteria” document may also be utilized by the Site Plan
Committee and Planning Commission as a basis for recommendations and approval of
a site plan.
C. From time to time, the Planning Commission may revise the “Additional Design Criteria”
to assist in reviewing site plans, based upon recommendations from the Zoning
Administrator or Site Plan Committee.
17.12.07-17.12.99 Reserved
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CHAPTER 17.13: SEVERABILITY AND EFFECTIVE DATE
17.13.01 Severability. If any provisions of these regulations are held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, then such provisions shall be
considered separately and apart from the remaining provisions of these regulations, so as to be
completely severable and the remaining provisions of these regulations shall remain in full force
and effect.
17.13.02 Effective Date. These regulations shall be in full force and effect from and after
their adoption by the Planning Commission, approval by the Governing Body and adoption of an
ordinance incorporating these regulations by reference, and publication of such ordinance in the
official city newspaper.
ADOPTED by the Valley Center City Planning Commission on December 11, 2012
_________________________
Chairperson
ATTEST:
_________________________
Secretary
APPROVED and ADOPTED by the City Council of the City of Valley Center, Kansas on
January 3, 2013
__________________________
Michael D. McNown, Mayor
ATTEST:
__________________________
Kristine A. Polian, City Clerk
(Adopted by Ordinance No. 1252-12 by the City Council of the City of Valley Center, Kansas on
January 3, 2013, officially published on January 10, 2013 and effective on January 10, 2013.)
136
Appendix: Wireless Communications Facilities
APPENDIX: TABLE OF COMPARABILITY FOR ZONING DISTRICTS
In accordance with provisions provided for in K.S.A. 12-757(b) and in Section 17.11.01.E6 of
the Zoning Regulations of the City of Valley Center, Kansas, the Valley Center City Planning
Commission hereby establishes a "Table of Comparability for Zoning Districts" as listed below.
This table designates the zoning districts which are considered to be "lesser changes" due to
their more restrictive characteristics as set forth in the Zoning Regulations.
When considering zoning district amendments, the Planning Commission and the Governing
Body may recommend and approve a lesser change in zoning districts for the property already
advertised for a public hearing without re-publication of a notice or re-distribution of notices to
property owners when such change is more restrictive than the district which is applied for as
shown on the table below; provided, however, that such recommendation and approval shall not
be for a lesser classification than the existing zoning district. If the applicant at the Governing
Body meeting at which a zoning amendment is being considered desires to amend the
application and/or the Governing Body desires to consider a "lesser" zoning change, then such
a proposed change shall be returned to the Planning Commission for reconsideration and
further recommendation to the Governing Body without further publication or notice as provided
for in K.S.A. 12-757(c) and in Section 17.11.05 of the Zoning Regulations.
MOST RESTRICTIVE TO LEAST RESTRICTIVE
A-1
Agricultural District
RR-1
Suburban Residential District
R-1A
Single-Family Residential District
R-1B
Single-Family Residential District
R-2
Two-Family Residential District
R-3
Multiple-Family Residential District
C-2
General Business District
I
Industrial District
Because of the uniqueness and special purpose for which the MH-1 Manufactured Home Park,
C-1 Central Business, PUD Planned Unit Development, P-O Protective Overlay, and Downtown
Overlay districts serve, these districts are excluded from the Table of Comparability.
Although the notification for a "Special Use" is processed in the same manner as a zoning
district amendment, it is not an actual change in zoning districts and, therefore, the Table of
Comparability does not apply and reapplication is necessary for consideration of a different
"Use" even if in the same zone. Part of the property considered for a Special Use, however,
may be withdrawn by the applicant or a lesser amount recommended for approval without
renotification.
EXAMPLE: If an application is advertised for a public hearing requesting a change from R-1A
Single-Family Residential District to I Industrial District, the Planning Commission may
recommend the lesser, i.e., more restrictive C-2 Business District without republication or
mailing of new notices.
If an application, however, is advertised for a public hearing requesting a change from the
existing C-1 Business District to the I-1 Industrial District, the recommending of the lesser R-3
Multiple-Family Residential District shall not be valid without re-publication and the mailing of
new notices.
137
APPENDIX: WIRELESS COMMUNICATIONS FACILITIES
Review Criteria for Wireless Communications Facilities In order to accommodate the
communication needs of residents and business while protecting the public health, safety, and
general welfare of the community, these criteria are necessary to:
 Comply with the federal Telecommunications Act of 1996 and facilitate the provision of
wireless communication service to the residents and businesses of the City;
 Minimize adverse visual effects of wireless communication facilities through careful
design and siting standards;
 Avoid potential damage to adjacent properties from wireless communication facility
failure through structural standards and setback requirements;
 Maximize the use of existing and approved wireless communication facilities
 Buildings to accommodate new wireless communication facilities in order to reduce the
number of wireless communication facilities needed to serve the community.
A. Definitions. The following definitions shall be used in the interpretation and construction
of these regulations:
AMATEUR RADIO: Radio equipment and associated antennas or support structures operated
for the purpose of receiving or transmitting communications by radio station as described in
Section 153(g) of Title 47 of the U.S. Code and which is operated under license by the FCC.
ANTENNA: A whip (omni-directional antenna), panel (direction antenna), disc (parabolic
antenna) or similar devise used for transmission and/or reception of radio frequency signals.
ANTENNA ARRAY: More than one whip, panel, disc or similar device used for the same carrier
at the same frequency.
APPLICANT: A person or entity with an application before the City of Valley Center for a permit
for a wireless communication facility.
AGL (above ground level): The actual height of the wireless communication facility from the
ground at the base of the structure to the highest part of the amount or the antenna, whichever
is higher.
BROADCAST SYSTEMS: Wireless communication system that are licensed for the broadcast
of AM/FM radio or television.
CAMOUFLAGE: To paint or mount a wireless communication facility in a manner that requires
minimal changes to the host structure and hides the facility in the context of its surroundings on
the host structure.
CARRIER: A company licensed by the Federal Communications Commission (FCC) that
provides wireless communication. A wireless communication facility builder is not a carrier.
CELLULAR: A personal wireless service capable of transmitting and receiving voice that
operates in the 800 MHz spectrum.
138
CO-LOCATION: The use of a common wireless communication facility or common site by two
or more or by one carrier for more than one type of wireless communication technology and/or
placement or two or more wireless communication facilities on adjacent property.
COMMERCIAL MOBILE RADIO SERVICES (CMR): Per 704 of the Telecommunications Act of
1996, any of several wireless communication technologies using radio signals at various
frequencies to send and receive voice, data and video. According to the FCC, these services
are "functionally equivalent services.” Section 704 of the Telecommunications Act of 1996
prohibits unreasonable discrimination among functionally equivalent services.
COMMON CARRIER WIRELESS EXCHANGE ACCESS SERVICES: Services by which
wireless communication is interconnected with wired communication infrastructure.
CONCEAL: To enclose a wireless communication facility within a natural or man-made feature
resulting in the facility being either hidden from view or made part of the feature enclosing it.
DESIGN: The appearance of wireless communication facilities as determined by selection of
materials, colors, size, and shape.
DISGUISE: To design and construct a wireless communication facility to be an architectural
feature of an existing or proposed structure in such a manner that the wireless communication
facility is not discernible from the remainder of the structure.
ELEVATION: The measurement of height above sea level. Also AMSL, or above mean sea
level.
ENHANCED SPECIALIZED MOBILE RADIO (ESME): Private land mobile radio with telephone
services.
EQUIPMENT SHELTER: An enclosed structure, cabinet, shed, or box at the base of or in the
general proximity of a support structure within which are housed the equipment for the wireless
communication facility such as radios, batteries, and electrical equipment.
FEDERAL COMMUNICATIONS COMISSION (FCC): An independent federal agency charged
with licensing and regulating wireless communication at the national level.
FUNCTIONALLY EQUIVALENT SERVICES: These services include Cellular, PCs, Enhanced
Specialized Mobile Radio, Specialized Mobile Radio and Paging. Section 704 of the
Telecommunications Act of 1996 prohibits unreasonable discrimination among functionally
equivalent services.
GUYED WIRELESS COMMUNICATION FACILITY: Any type of support structure that is
supported in whole or in part by cables anchored to the ground or other surface.
HEIGHT: The maximum height of wireless communication facilities shall be determined by
measuring the vertical distance from the wireless communication facility's point of contact with
the ground to the highest point of the wireless communication facility, including all antennas or
other attachments.
139
LATTICE WIRELESS COMMUNICATION FACILITY: A type of support structure that consists
of an open network of braces forming a wireless communication facility that is usually triangular
or square in cross section.
LOCATION: The area where a wireless communication facility is located or proposed to be
located.
MODIFICATION: The changing of any portion of a wireless communication facility from its
description in a previously approved zoning permit. The FCC definitions for "modification" are
different than local government rules.
MONOPOLE: A type of support structure that consists of a vertical pole fixed into the ground
and/or attached to a foundation.
PCS PERSONAL COMMUNATION SERVICES: A personal wireless service capable of
transmitting and receiving voice, data, and video messaging that operates in the 1850-1990
MHz range.
PERSONAL WIRELESS SERVICES: Any personal wireless service defined in the
Telecommunications Act of 1996 which includes Federal Communications Commission (FCC)
licensed commercial wireless telecommunications services including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), paging and unlicensed wireless services, and common carrier wireless
exchanges access services.
PRIVATE DISPATCH SYSTEM: Wireless communication systems that are licensed to one user
for exclusive use and not to be shared with, or leased to, other users.
PUBLIC SERVICE AND EMERGENCY SYSTEM: Wireless communication system operated by
or for a governmental agency for the delivery of emergency or other public services.
RADIO FREQUENCY (RF) ENGINEER: Someone with a background in electrical engineering
or microwave engineering who specialized in the study of radio frequency.
RADIO FREQUENCY RADIATION RFR: The propagation of electromagnetic waves through
space.
RADIO FREQUENCY (RF) SIGNAL: The actual beam or radio waves sent and received by a
wireless communication facility. A signal is the deliberate product of a wireless communication
facility. The RF emission is the byproduct.
SCREENING: Decorative fencing or other materials, evergreen vegetation, or landscaped earth
berms constructed and maintained for the purpose of concealing a wireless communication
facility or a portion thereof from view.
SEPARATION: The distance between one carrier's antenna array and another carrier's array.
SITE: That portion of a subject property where a wireless communication facility is to be placed.
Any acceptable location may have several potential sites within it.
140
SITING: The method and form of placement of wireless communication facilities on a specific
area of a subject property.
SPECIALIZED MOBILE RADIO (SMR): A form of dispatch or two-way communication used by
companies that rent space or time from an SMR carrier. Used primarily for delivery vans,
truckers or taxis within a small definable geographic area.
SUPPORT STRUCTURE: The structure or surface upon which antennas are mounted as
follows:
1. Roof-mounted. Mounted on the roof of a building.
2. Side-mounted. Mounted on the side of a building.
3. Ground-mounted. Mounted on the ground.
4. Structure-mounted. Mounted on a structure other than a building.
TOWER: Generally used to describe all wireless communication facilities or sometimes used to
refer only to those wireless communication facilities at high elevations above grade. Also used
as a modifier (e.g., tower builder) or when modified (e. g., lattice tower).
TOWER BUILDER: A company or individual that builds, leases, or manages support structures
for wireless communication facilities.
UNLICENSED WIRELESS SERVICES: Wireless communication services operating on public
domain frequencies using duly authorized devices which do not require an FCC license for their
sites.
WIRELESS CABLE SYSTEM: Wireless communication services that provide point-to-multipoint communication for the provision of voice, data, text and video that operate in the 2.1 to
2.8 GHZ range.
WIRELESS COMMUNICATION: Comprehensive term describing the wireless services covered
by the location/design guidelines of these criteria. Includes the following terms as defined
herein: broadcast systems, cellular, commercial mobile radio services, common carrier wireless
access exchange services, enhanced specialized mobile radio, functionally equivalent services,
personal communication services, paging, personal wireless services, public service and
emergency system, specialized mobile radio, wireless communication facility builder, unlicensed
wireless services, and wireless cable system. Does not include amateur radio or private
dispatch system.
WIRELESS COMMUNICATION FACILITY (WCF): Comprehensive term describing the facilities
covered by the location/design guidelines of these criteria. Generally used to describe all
wireless communication facilities or sometimes is used to refer only to those wireless
communication facilities at high elevations above grade. Also used as a modifier (e.g. wireless
communication facility builder) or when modified (e.g., lattice wireless communication facility).
Includes the following terms as defined herein: antenna, antenna array, equipment shelter,
guyed wireless communication facility, lattice wireless communication facility, location,
monopole, site, support structure, and wireless communication facility.
141
B. Co-Location Requirements: All commercial wireless telecommunication facilities
erected, constructed, or located within the City shall comply with the following
requirements:
1. A proposal for a new wireless communication facility shall not be approved unless
the telecommunications equipment planned for the proposed wireless
communication facility cannot be accommodated on an existing or approved wireless
communication facility or building within a one mile for proposed wireless
communication facilities greater than 120 feet in height, one-half mile for wireless
communication facilities between 60 and 120 feet in height and one-quarter mile for
wireless communication facilities under 60 feet in height of the proposed wireless
communication facility due to one or more of the following reasons:
2. The planned equipment would exceed the structural capacity of the existing or
approved wireless communication facility (WCF), as documented by a qualified and
licensed professional engineer, and the existing or approved wireless
communication facility cannot be reinforced, modified or replaced to accommodate
planned or equivalent equipment at a reasonable cost.
3. The planned equipment would cause interference materially impacting the usability
of other existing or planned equipment at the wireless communication facility as
documented by a qualified and licensed professional engineer and the interference
cannot be prevented at a reasonable cost
4. Existing or approved wireless communication facilities within the search radius
cannot accommodate the planned equipment at a height necessary to function
reasonably as documented by a qualified professional radio frequency engineer.
5. Other unforeseen reasons that make it infeasible to locate the planned equipment
upon an existing or approved wireless communication facility.
6. Any proposed wireless telecommunication facility shall be designed structurally,
electrically, and in all respects, to accommodate both the applicant's antennas and
comparable antennas for at least two additional users if the wireless communication
facility is over 100 feet in height or for at least one additional user if the wireless
communication facility is over 60 feet in height. The wireless telecommunication
facility must be designed to allow for future rearrangement of antennas upon the
wireless telecommunication facility and to accept antennas mounted at varying
heights.
C. Construction Requirements. All antennas and wireless communication facilities
erected, constructed, or within the City, and all wiring therefore, shall comply with the
following requirements:
1. The requirements set forth in Chapter 14.04, Building and Construction, of the Code
of the City of Valley Center and FCC Guidelines.
2. All applicable provisions of the Code of the City of Valley Center,
3. Wireless communication facilities shall be certified by a qualified and licensed
professional engineer to conform to the latest structural standards and wind loading
requirements of the Building Code and the E/A/TIA-22 1996, as maybe amended.
4. With the exception of necessary public electric and telephone service and
connection lines, no part of any antenna or wireless communication facility nor any
lines, cable, equipment or wires or braces in connection with either shall at any time
extend across or over any part of a public right-of-way for a street, highway,
sidewalk or lot line,
5. Wireless communication facilities and associate antennas shall be designed to
conform with accepted electrical engineering methods and practices and to comply
142
with the provisions of the National Electrical Code,
6. All signal and remote control conductors of low energy extending substantially
horizontally above the ground between a wireless communication facility or antenna
and a structure, or between wireless communication facilities, shall be at least eight
feet above the ground at all points unless buried underground.
7. Every wireless communication facility affixed to the ground shall be protected to
discourage climbing of the wireless communication facility by unauthorized persons.
8. All wireless communication facilities shall be constructed to conform with the
requirements of the federal National Institute of Occupational Safety and Health
Administration.
9. Metal wireless communication facilities shall be constructed of, or treated with
corrosive resistant material. Wood poles shall be impregnated with rot resistant
substances.
D. Design Requirements. Proposed or modified wireless communication facilities shall
meet the following design requirements:
1. Wireless communication facility shall be designed to blend into the surrounding
environment through the use of color and camouflaging architectural treatment,
except in instances where the color is dictated by state or federal authorities such as
the Federal Aviation Administration.
2. Wireless communication facilities which incorporate ground mounted equipment or
accessory structures must be surrounded by a security fence and screening at least
six feet in height.
a. Wireless communication facilities shall be of a monopole design.
b. Wireless communication facilities shall be constructed in accordance with a site
plan approved by the Planning Commission.
E. Setbacks. Wireless communication facilities shall conform with each of the following
minimum setback requirements:
1. Wireless communication facilities shall meet the setbacks of the underlying zoning
district and shall not encroach upon any easements.
2. Wireless communication facilities between 60 feet and 100 feet in height shall be
separated from any property zoned for Residential uses a distance equal to the
height of the wireless communication facilities.
3. Wireless communication facilities greater than 100 feet in height shall be separated
from any property zoned for residential uses a distance equal to twice the height of
the wireless communication facility.
4. Wireless communication facilities shall not be located between a principal structure
and a public street except in an industrial zoning district where wireless
communication facilities may be placed in front of a principal structure abutting any
street but an arterial street, in compliance with the minimum setback required by the
zoning district.
5. No minimum setback shall be required for wireless communication facilities utilizing
whip (Omni-directional) or surface mounted panel type antennas attached to utility
transmission support structures, light standards, traffic.
F. Height Limitations. The purpose of this section is to regulate the height of structures
above ground level in order to maintain the character and scale of the predominant
single-family residential development. Wireless communication facilities shall conform to
the following height limitations:
143
1. 35 feet if self-supported units and 45 feet if attached to a permitted structure in the
R-1A Single-Family Residential District, R-1B Single-Family Residential District, R-2
Two-Family Residential District, R-3 Multiple-Family Residential District, MH--I
Manufactured/Home Park District, and all property zoned as the A- I Agricultural
District but designated as Potential Residential on the Future Land Use Map of the
Comprehensive Development Plan for the Valley Center Area, Kansas as maybe
amended.
2. 60 feet if self-supported units and if attached to a permitted structure in the C-1
Central Shopping District and C-2 General Business District.
3. 100 feet in the A-1 Agricultural District, except for those areas designated as
Potential Residential on the Future Land Use Map in the Comprehensive
Development Plan for the Valley Center Area, Kansas,
4. 150 feet in the Industrial District.
5. Wireless communication facilities using whip (omni-directional) or surface mounted
panel type antennas attached to utility support structures, light standards, traffic
signals, etc. may exceed the maximum height restrictions for the zoning district by
20 percent of the maximum height or 25 feet above the top of the mounting pole,
whichever height is the lesser.
G. Lighting. Wireless communication facilities shall not be illuminated by artificial means
and shall not display strobe lights unless such lighting is specifically required by the
Federal Aviation Administration or other federal or state authority. All wireless
communication towers above 100 feet will have on top a red non-strobe aircraft warning
light. When the design of the facility incorporates lights fixtures, light fixtures used to
illuminate ball fields, parking lots, or similar areas may be attached to the area.
H. Signs and Advertising. The use of any portion of a wireless telecommunication facility
for signs other than warning or emergency information signs are prohibited.
I.
Accessory Utility Buildings. All utility buildings and structures accessory to a wireless
communication facility shall be architecturally designed to blend in with the surrounding
environment and shall meet the requirements of the zoning district. Ground mounted
equipment shall be screened from view by materials which complement the architectural
character of the surrounding neighborhood.
J. Abandoned or Unused Wireless Communication Facilities. Abandoned or unused
wireless communication facilities or portions of wireless communication facilities shall be
removed as follows:
1. All abandoned or unused wireless communication facilities and associated facilities
shall be removed within 12 months of the cessation of operations at the site unless a
time extension is approved by the Zoning Administrator. A copy of the relevant
portions of a signed lease which requires the applicant to remove the wireless
communication facility and associated facilities upon cessation of operations at the
site shall be submitted at the time of application. In the event that a wireless
communication facility is not removed within 12 months of the cessation of
operations at a site, the wireless communication facility and associated facilities may
be removed by the City and the costs of removal assessed against the property or
drawn on the applicant's bond.
144
2. Unused portions of wireless communication facilities above a manufactured
connection shall be removed within six months of the time of antenna relocation. The
replacement of portions of a wireless communication facility previously removed
requires the issuance of a new zoning permit.
K. Antennas Mounted on Roofs, Walls, and Existing Wireless Communication
Facilities. The placement of wireless communication antennas on roofs, walls, and
existing wireless communication facilities may be approved by the Zoning Administrator;
provided the antennas meet the requirements of this criteria after submittal of (1) a final
site, (2) building plan, and (3) a report prepared by a qualified and licensed professional
engineer indicating the existing structure or wireless communication facility suitability to
accept the antenna, and the proposed method of affixing the antennas to the structure.
Complete details of all fixtures and couplings, and the precise point of attachment shall
be indicated.
L. Interference with Public Safety Communications. No new or existing
communications service shall interfere with public safety communications. All
applications for new service shall be accompanied by a preliminary intermodulation
study which provides a technical evaluation of existing and proposed transmissions and
indicates all potential interference problems. Before the introduction of new service or
changes in existing service, communication providers shall notify the City at least 10
days in advance of such changes and allow the City to monitor interference levels during
the testing process.
M. Additional Submittal Requirements. In addition to the information required elsewhere
in this criteria, applications for wireless communication facilities shall include the
following supplemental information:
1. A report from a qualified professional engineer licensed to practice in the State of
Kansas which:
a. Describes the wireless communication facility's height and design including a
cross section and elevation;
b. Documents the height above grade for all potential mounting positions for colocated antennas and the minimum separation distances between antennas;
c. Describes the wireless communication facilities co-location capacity, including
the number and type of antennas that it can accommodate;
d. Includes the engineer's seal and license number; and
2. Includes other information necessary to evaluate the request.
3. For all wireless communication facilities, a letter of intent committing the wireless
communication facility owner and his or her successors to allow the shared use of
the wireless communication facility if an additional user agrees in writing to meet
reasonable terms and conditions for shared use.
4. Before the issuance of a zoning permit, the following supplemental information shall
be submitted:
a. Proof that the proposed wireless communication facility complies with regulations
administered by the Federal Aviation Administration; and;
b. A report from a qualified professional engineer licensed to practice in the State
of Kansas which demonstrates the wireless communication facility's compliance
with the aforementioned structural and electrical standards.
145
N. Zoning Permits. It shall be unlawful for any person, firm, or corporation to erect,
construct in place, place or replace, or repair any wireless communication facility without
first making application for and securing a zoning permit therefore as hereinafter
provided:
1. The applicant shall provide at the time of application sufficient information to indicate
that construction, installation, and maintenance of the antenna and wireless
communication facility will not create a safety hazard or damage to the property of
other persons.
2. Such permits are not required for:
a. Adjustment or replacement of the elements of an antenna array affixed to a
wireless communication facility or antenna, provided that replacement does not
reduce the safety factor.
b. Antennas and/or wireless communication facilities erected temporarily for test
purposes, for emergency communication, or for broadcast remote pick-up
operation; provided that, all requirements of these criteria are met, with the
exception of screening and landscaping, which are waived. Temporary antennas
shall be removed within 72 hours following installation.
O. Cash Assurance Bond. The applicant shall deposit at the time of application for a
zoning permit a cash assurance bond with the City Clerk which shall remain in effect for
the duration of the use of the wireless communication facility in an amount sufficient to
effect the removal of the equipment on the site in the event of a failure to comply with
the provision of these regulations.
P. Application Fee. The fee is to be paid that is prescribed by a resolution establishing a
fee schedule for charges for proceedings governed by the City Zoning Regulations and
Subdivision Regulations.
Q. Existing Antennas and Wireless Communication Facilities. Antennas and wireless
communication facilities in existence as of the effective date of these regulations which
do not conform to or comply with this section are subject to the following provisions:
1. Wireless communication facilities may continue in use for the purpose now used and
as now existing, but may not be replaced or structurally altered without complying in
all respects with this section.
2. If such wireless communication facilities are hereafter damaged or destroyed due to
any reason or cause whatsoever, the wireless communication facility may be
repaired and restored to its former use, location, and physical dimensions upon
obtaining a zoning permit therefore, but without otherwise complying with this
section; provided, however, that if the cost of repairing the wireless communication
facility to the former use, physical dimensions, and location would be 10 percent or
more of the cost of a new wireless communication facility of like kind and quality,
then the wireless communication facility may not be repaired or restored except in
full compliance with this section.
R. Number of Wireless Communication Facilities and Antennas. Only one wireless
communication facility shall exist at any one time on any one zoning lot.
146
S. Registration. All wireless communication facilities affected by these regulations shall
be registered annually on January 1 of each year to insure continuing compliance with
these regulations. Application for registration shall be made by December l5th of each
year on the form provided by the City, and shall include the following information:
1. The identity and legal status of the registrant including any affiliates.
2. The name, address, and telephone number of the officer, agent or employee
responsible for the accuracy of the registration form.
3. A narrative and map description of the registrant's facility, including street address.
4. A description of the communication services provided.
5. A list of the carriers being served by the facility including names, addresses,
telephone numbers for emergency contacts, and the type and location of all
equipment on the wireless communication facility.
6. Copies of operating licenses or other approvals required by the Federal
Communications Commission (FCC) to provide communication services.
7. Payment of the registration fee as set forth by Resolution of the Governing Body.
T. Inspections. All wireless communication facilities may be inspected at least once each
year by the Zoning Administrator or his designee to determine compliance with original
construction standards. A deviation from original construction for which a zoning permit
is obtained constitutes a violation of this section.
U. Modifications in Criteria. If during the process of application for zoning permit for a
wireless communication facility the applicant desires to seek modification of these
review criteria in any zoning district, an application for a conditional use may be
submitted to the Board of Zoning Appeals for consideration of such modification, except
maximum height.
V. Special Use Applications to Exceed Maximum Height Limitations. In all zoning
districts, applicants may apply to the Planning Commission for a special use to exceed
height limitations established in the review criteria for all types of wireless
communications facilities.
147

zoning regulations

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